Ranse v Nationwide News P/L [2000] NSWSC 697

New South Wales Supreme Court

CITATION : Ranse v Nationwide News P/L [2000] NSWSC 697 CURRENT JURISDICTION: Common Law Division Defamation List FILE NUMBER(S) : SC 20156/00 HEARING DATE(S) : 07/07/2000 JUDGMENT DATE : 21 July 2000

PARTIES : Albert John Ranse (Pl) Nationwide News Pty Limited (ACN 008 438 828) (Def) JUDGMENT OF : Kirby J

COUNSEL : T Molomy (Pl) T Blackburn (Def) SOLICITORS : Stephen Hodges, sol (Pl) Blake Dawson Waldron (Def) CATCHWORDS : Defamation - Capacity of material to carry imputations CASES CITED : Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158 DECISION : Ref para 11

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

KIRBY J

Friday 21 July 2000

20156/00 - Albert John RANSE v NATIONWIDE NEWS PTY LTD (ACN 008 438 828)

JUDGMENT

1 HIS HONOUR: Mr Albert John Ranse has commenced an action for defamation against Nationwide News Pty Limited (the defendant), the publisher of The Australian newspaper. On 28 March 2000 The Australian newspaper published an article under the following headline: "Newman Murder Confessor 'Drunk'" 2 The article which followed was in these terms: "A man who was secretly recorded by the Nine network admitting to the murder of NSW Labor MP John Newman said yesterday the confession came during a 'drunken stupour' (sic) at the lowest ebb in his life. The NSW Supreme Court heard yesterday that Albert Ranse, a former local government councillor, was taped telling Marion Le, who was helping Nine prepare a documentary on the 1994 murder, that he was Mr Newman's killer. He told the court the confession followed a long shift as a welfare worker, a heavy drinking session and weeks of 'extreme stress' stemming from family difficulties. He said Ms Le, with whom he had developed a friendship, had agreed to pick him up from outside a city pub about 3pm on February 21 last year. The pair drove to The Rocks in a car fitted with a concealed camera and sound listening device. Crown prosecutor Mark Tedeschi asked Mr Ranse: 'Did you know that you were being videotaped and audiotaped during this conversation with Ms Le?' 'No, certainly not', Mr Ranse said. 'Did you consent?' 'Oh my God, no. I remember saying to her that she asked some very strange questions. 'She was saying '9.36, 9.36, say it Albert, say it' … she said 'you know you killed him.'' Mr Ranse said that on the night of the shooting, September 5, 1994, he was at home, drunk and asleep. Another former councillor, Phuong Canh Ngo, and Tu Quang Dao are on traial for Newman's murder. The trial continues today, subject to the health of an ill juror." 3 The Statement of Claim asserts that the words, in their natural and ordinary meaning, gave rise to the following imputations defamatory of the plaintiff: