Witness in Rush case is denied

A JUDGE has ruled “important” evidence from a mystery witness alleging inappropriate behaviour of a sexual nature by Geoffrey Rush will not be heard in the Hollywood star’s defamation trial.

While Justice Michael Wigney rejected the new material, he said if Witness X wanted to make her allegations public through the media “she should be free to do so”. He told the Federal Court the new allegations occurred during a theatre production “many years” earlier and “could broadly be said to be sexual in nature”.

Mr Rush, 67, is suing The Daily Telegraph over a series of 2017 articles that reported that a young actress had lodged a complaint with the Sydney Theatre Company over his alleged “inappropriate behaviour” during a production of King Lear in 2015 and 2016. The actress was later named as Eryn Jean Norvill, who played Mr Rush’s daughter Cordelia in the STC production.

Justice Wigney said the new evidence did not involve or prove any of the allegations involving Ms Norvill.

But he added: “The evidence of Witness X would, if accepted, be capable of establishing the substantial truth of the general imputations that Mr Rush had engaged in scandalously inappropriate behaviour in the theatre.”

The judge ruled the new evidence could not be admitted because of the toll any delay would take on Mr Rush.

Witness X’s evidence would have to be given from overseas by videolink. It would also mean Mr Rush (pictured) would be called back to give further evidence when the trial resumed in April 2019.

Justice Wigney said the incidents alleged by Witness X did not occur during performance or rehearsals but in social settings and once in a professional context in the theatre.

“Some of the incidents involved electronic messages,” he said.

Ms Norvill earlier told the court she had felt “trapped” as Mr Rush “slowly” and “deliberately” ran his fingers over her breast as she played dead on stage.

He denies any wrongdoing and claims two front-page articles in the paper about the alleged incident painted him as a “pervert” and “sexual predator”. The newspaper argues the stories, published on November 30 and December 1 last year, draw on allegations made by Ms Norvill and are true.

The hearing continues, with closing submissions slated to begin today.