The Guardian Australia

'Arguable' case that Quaden Bayles was defamed by Miranda Devine, judge says

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A judge has said nine-year-old Indigenous boy Quaden Bayles has an arguable case that he was defamed by columnist Miranda Devine.

Justice Anna Katzmann has approved moves to serve court documents on the controvers­ial New Yorkbased columnist.

But in the absence of Devine acknowledg­ing she had been served the documents by email, the federal court judge said the Brisbane boy’s lawyers could not avoid entering a drawnout process to have the papers physically handed to the News Corp employee.

A video by Quaden’s mother, Yarraka Bayles, made global headlines in February after her inconsolab­le son cried about being bullied at school, and urged her to “give me a knife, I’m going to kill myself”.

The clip was met with an outpouring of support but the Bayles said Devine later retweeted-material that suggested it was all a scamand that the Brisbane boy born with a common form of dwarfism was actually an adult actor.

One of Devine’s 71,000 followers replied: “It’s a crime if it is a scam. Child abuse. How could anyone parent do this?” Devine, a News Corp columnist, tweeted: “Yep. Exactly. On the case”, the court heard on Friday.

In a judgment on Monday determinin­g preliminar­y issues, Katzmann said the Bayles had a prima facie case against Devine.

Although the Bayles’ legal representa­tive had led “quite unsatisfac­tory” evidence about where the tweets had been viewed, she was prepared to infer they were downloaded and read in Australia by “some people”.

The defamatory meanings alleged in the claim were “reasonably arguable”, and if proven were undoubtedl­y likely to lead to a finding that an ordinary reasonable person had thought less of the applicants.

But Katzmann knocked back an attempt to have the court rule it was not practicabl­e to serve Devine personally – a bureaucrat­ic process that can take months.

The court had heard claims that Quaden was severely ill and therefore the court should find special circumstan­ces and accept Devine had received the documents to her personal and work email accounts.

Evidence supporting the claims was scarce, Katzmann said, but she would “happily revisit” the issue if presented with adequate evidence.

Although Devine formerly wrote for the Daily Telegraph and is contracted by a sister company in New York, a lawyer for the Sydney paper indicated to the court on Friday that he was not authorised to accept service on the columnist’s behalf.

 ?? Photograph: Glenn Hunt/AAP ?? A federal court judge says Quaden Bayles and his mother, Yarraka, have an arguable case that the columnist Miranda Devine defamed him.
Photograph: Glenn Hunt/AAP A federal court judge says Quaden Bayles and his mother, Yarraka, have an arguable case that the columnist Miranda Devine defamed him.

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