A string of emails sent by Buttrose to Anderson and content chief Chris Oliver-Taylor were revealed in court last week, including one where she asked “has Antoinette been replaced”.
During the course of around 90 minutes of cross-examination, Buttrose refused to say whether employees should be afforded procedural fairness when allegations are made against them.
Buttrose said “people’s colour doesn’t really worry me”, when asked if it concerned her Lattouf is Lebanese.
Much of her cross-examination focused on her direct correspondence with complainants who flagged their concern about Lattouf’s employment with her in a co-ordinated fashion.
Buttrose had spent time personally replying to dozens of emails, but said it was not her concern whether the allegations made against Lattouf held any weight. Instead, that was for the managing director to investigate, she insisted.
She was unaware of a co-ordinated WhatsApp campaign of complaints, adding at one point she was concerned about “looking after the people” who viewed Lattouf as not impartial, when asked about her email to Anderson, stating the ABC should be in “damage control”.
Late in the day, Lattouf’s team filed new evidence, whereby high-profile journalist and ABC staff elected director Laura Tingle expressed her “deep concern” over her dismissal, whether Lattouf had breached the ABC’s policies, and the fact that someone had apparently briefed The Australian about the sacking almost immediately.
While Buttrose’s appearance capped off the day, it began with the ABC sensationally backflipping on its controversial “race” defence, having argued that Lattouf’s claim that racial discrimination contributed to her dismissal must fail because she had not proven to a legal standard that Lebanese, Middle Eastern, or Arab were races.
Just as proceedings were about to begin on Tuesday, the ABC’s barrister, Ian Neil, SC, withdrew the defence’s argument which sparked outrage among the public and ABC staff, after 250 unionised workers called for it to be withdrawn on Thursday.
Lattouf leaves the Federal Court on Tuesday alongside her barristers Oshie Fagir (left) and Philip Boncardo.Credit: James Brickwood
“We are now instructed as follows: the ABC does not put in issue, that is, it does not dispute … that the Lebanese, Middle Eastern or Arab races exist, or that Ms Lattouf is one or more of those races,” Neil said.
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The ABC’s position also attracted criticism from several groups, including the Arab Council of Australia and the Australian Lebanese Association, with president Raymond Najar describing its stance as “surreal and blatantly racist”.
In an email sent to staff on Tuesday morning, ABC head of People and Culture, Deena Amorelli, said the broadcaster regretted its use of the legal defence.
“The ABC recognises that, regrettably, this legal argument has caused distress in some sections of the community and our workforce. This was not the ABC’s intention,” she said.
“Today, the ABC has made clear to the court that it does not dispute or contest Ms Lattouf’s race or national extraction being Lebanese, Middle Eastern or Arab. The ABC does, however, deny that any action was taken against Ms Lattouf because of her political opinion, race or national extraction.”
The ABC also apologised for uploading a number of unredacted complaints sent to former chair Ita Buttrose in affidavits published by the Federal Court last week. The complaints and identity of complainants were subject to a suppression order.
Justice Darryl Rangiah reprimanded the ABC for the misstep.
Ita Buttrose arrives at the Federal Court on Tuesday.Credit: Kate Geraghty
“I am deeply unhappy about the error made by the ABC’s legal representatives,” Rangiah said.
“The people who are the subject of the suppression order are entitled to expect that the confidentiality of their identification and contact details will be maintained by the parties.”
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Neil said lawyers had received a number of complaints from the parties affected by the error.
“As leading counsel responsible for the presentation of the respondents’ case, I stand before you this morning to tender my personal apology for what has happened. I deeply regret it,” Neil said.
