Fairfax Media call for journalist to be jailed for reporting the truth

Fairfax Media’s Sydney Morning Herald editor Lisa Davies has called for my jailing because I was found guilty in March of contempt of court for breaching a dodgy suppression order. It is not just an attack on me as Ms Davies has in effect suggested jail for all new media journalists, bloggers and social media users who don’t do what they’re told.

It’s absolutely scandalous for one journalist to call for the jailing of another journalist for doing nothing more than reporting the news and then standing their ground when a court issues a dodgy suppression order to conceal the truth. Some people might say we should just ignore Davies’ article but she is the editor and it needs to be exposed for what it is otherwise it might get traction with other failing journalists who want to attack new media journalists.

What makes the call for my jailing even more of a scandal is that the dodgy suppression order I breached is currently under review by Justice Lucy McCallum to determine if it is justified which I have no doubt it wasn’t. In fact it has been under review for a number of months now which is no surprise given Justice Lucy McCallum is good friends with Seven’s lawyer Justine Munsie and they aren’t keen on having the suppression order lifted for obvious reasons as outlined below.

Firstly, let’s look at the article that Lisa Davies published on the 22nd May 2017 and then have a look at the facts. It starts off:

Limitations of law laid bare in Amber Harrison feud with Seven

There are times when the law provides a tidy resolution to a messy human drama. More often than not, it is as imperfect as the human behaviour it seeks to govern.

The increasingly bitter court battle between Seven West Media and Amber Harrison, a former executive assistant at the company, will produce no winners although one side will emerge the legal victor.

It has also highlighted the difficulties faced by the courts in policing bloggers and other self-publishers who flout suppression orders by publishing confidential information in high-profile cases.

And later Lisa Davies says: Seven, customarily in the business of promoting free speech, responded by seeking an extraordinarily wide injunction permanently restraining her from speaking publicly about the company or Mr Worner.

And at the end Lisa Davies says: The legal stoush between Ms Harrison and Seven has also underscored a wider problem faced by the courts in dealing with a relatively new problem.

Online self-publishers including bloggers can now report on current affairs, including court cases, but may not respect or even be aware of suppression orders imposed during hearings and observed by traditional media outlets.

At least two blog-style websites have published information about allegations in the Harrison case in breach of court suppression orders.

On March 15 Supreme Court judge Ian Harrison found a rogue blogger guilty of contempt for disobeying a suppression order by publishing confidential allegations in the case.

The blogger is due to be sentenced later this year. In such cases a financial penalty may have no effect if the publisher has limited financial means.

A prison sentence may be the only punishment with any real deterrent value, but the courts will not impose such a sanction lightly. (Click here to read the full article)

Lisa Davies would probably say she did not call for my jailing, all she did was recommend it as a good option to deter bloggers etc. What she would say is actually unknown as she refused to answer the questions I emailed her as per below.

Background

On the 18th of December 2016, I wrote an article about Amber Harrison emailing a press release about the abuse of the legal system that Seven West Media conducted over a number of years regarding an agreement she had with the company. It detailed a sexual relationship with the CEO Tim Worner, drug use, fraud and abuse of shareholders’ funds.

I also wrote in the article: “There are reports that Tim Worner has had sexual relationships with at least 4 other staff members at Seven which include an actress and on-air-host. I am reliably told the actress is Rebecca Gibney and the on-air-host is Samantha Armytage. (Click here to read more)

Samantha Armytage and Rebecca Gibney instituted defamation proceedings against me which is being paid for by Seven West Media and driven by Kerry Stokes. They also managed to get a dodgy suppression order so they could not be named by the media.

I have continually breached the suppression order because it was blatantly corruptly issued and there is no legal justification for it. The courts are issuing suppression orders like candy and they are corrupt orders. In Victoria, they are currently reviewing suppression orders because they have had the same problem with judges issuing dodgy suppression orders and a review also needs to happen in NSW if not all of Australia.

Contempt proceedings were instituted against me by Armytage and Gibney which again was paid for by Seven West Media and run by Kerry Stokes and I was found guilty. I have not been sentenced yet because I am still waiting on a decision from Justice Lucy McCallum regarding whether the suppression orders should have been issued. Justice Ian Harrison said in his judgment:

Justice Harrison’s judgment – 15th March 2017 (Click here to read the full judgment)

“The defendant is the sole owner and publisher of the website located at http://www.kangaroocourtofaustralia.com (the Website)”

I take Mr Dowling’s several references in his latest submissions to orders that might be made by McCallum J later this week to refer to the prospect that he may be able to satisfy her Honour that the original suppression orders should never have been made. Mr Dowling has referred in this context to s 13 of the Court Suppression and Non-Publication Orders Act. In the event that the orders that Mr Dowling is said to have breached were later held to be invalid, or were set aside for some reason, I accept that that fact could be a matter potentially relevant to assessment of the proper penalty for contempt.

So I was found guilty of contempt for breaching a suppression order that the court is still to decide if it was a valid suppression order in the first place.

Interestingly both Samantha Armytage and Rebecca Gibney refused to file affidavits denying having a sexual relationship with Seven West Media CEO Tim Worner even though it would have helped their case to keep the suppression orders. Justice Lucy McCallum raised it at the hearing and asked their barrister why none of the applicants had filed affidavits to support their case. It was basically admission it was true and their defamation case against me was frivolous and vexatious as well as the contempt proceedings.

Back to Lisa Davies article and her hypocrisy and deception 

Some of the holes in Lisa Davies article I’ve listed below:

  1. Journalists around the world regularly go to jail because they refuse to reveal their sources. Based on Ms Davies article one has to assume she agrees those journalists should go to jail.
  2. Lawyers for Cassandra Sainsbury tried to get suppression orders against Channel Seven but failed and Fairfax Media ran stories on it. So Fairfax and Lisa Davies would have to know the suppression orders not to name Armitage and Gibney, in a what is a very trivial matter in comparison, are a joke.
  3. Without a doubt, almost every journalist in the country would think what Lisa Davies has written is disgusting and would have no respect for her. So how can she keep her position as editor of the SMH.
  4. If I did end up in jail for breaching the suppression orders Fairfax Media and Lisa Davies should write an article and take some ownership of it. I wonder how social media would react to that. Not very kindly I would suspect.
  5. It wasn’t that long ago Australian journalist Peter Greste was stuck in a jail in Egypt and people around the world protested for his freedom. Based on her article Davies obviously believes Greste should have been jailed and maybe she thinks he should still be in jail for breaking Egyptian laws? As everyone in the world knows Greste’s jailing was very political because of the so-called laws he breached but that obviously would not have been good enough for Lisa Davies.
  6. Lisa Davies talks about Seven’s hypocrisy of the suppression order against Amber Harrison but then self-sensors and doesn’t name me.
  7. Lisa Davies says I published confidential information. What a joke. I named two staff members who are named in a complaint by Amber Harrison to the Australian Human Rights Commission which is hardly confidential.

Sydney Morning Herald editor Lisa Davies

From: SHANE DOWLING
Sent: Monday, 22 May 2017 10:17 PM
To: ‘lisadavies@fairfaxmedia.com.au’
Subject: Media questions – Your call to jail journalist Shane Dowling

Dear Ms Davies

You have called for my jailing in an article published on Monday the 22nd of May titled “Limitations of law laid bare in Amber Harrison feud with Seven” and I have some questions for an article I am writing.

  1. Can you please explain why you as a journalist feel you have the right calling for the jailing of another journalist for doing nothing more than reporting the news?
  2. You say in the article “On March 15 Supreme Court judge Ian Harrison found a rogue blogger guilty of contempt for disobeying a suppression order by publishing confidential allegations in the case. The blogger is due to be sentenced later this year.” Are you aware that the reason we are waiting for sentencing is that we are waiting for Justice Lucy McCallum to decide if the suppression orders should have been issued in the first place?
  3. You say in the article: “In such cases a financial penalty may have no effect if the publisher has limited financial means. A prison sentence may be the only punishment with any real deterrent value, but the courts will not impose such a sanction lightly.” Why have you called for me to be jailed when I am sure you would know it is scandalous that the court has ordered the suppression of the names of 2 women who work for Seven but Seven and other media companies name women every day of the week in similar situations?
  4. Do you think your readers would be disturbed that someone could be found guilty of breaching suppression orders that should not have been issued in the first place?
  5. Can you explain why you refused to name me or my website in your article given there is no suppression order from stopping you? (That can be verified in Justice Harrison’s judgement where he names me and my website.)
  6. Why has Fairfax Media decided to self-sensor and how often does Fairfax Media self-sensor?

Can you please respond by 5pm Tuesday the 23rd May 2017.

Regards

Shane Dowling

Lisa Davies did not respond to the above email. I sent a follow-up email to Fairfax Media’s CEO Greg Hywood and Lisa Davies and both of them failed to respond.

I don’t know what Lisa Davies’ issues are or what her agenda is but she is not a fit person to be an editor of a newspaper or a website. Maybe she was motivated by my recent criticism of Fairfax Media management and Fairfax’s Group General Counsel Gail Hambly who earns over a $1 million a year while they are sacking 125 journalists. Or maybe she has applied for a job with Kerry Stokes’ Seven West Media which this website regularly exposes for corrupt conduct.

The mainstream media are contracting at a rapid pace and with efforts like the above from Fairfax Media’s Lisa Davies it’s not hard to tell why. I doubt very much that Lisa Davies would have much credibility left with the other journalists at Fairfax Media.

For me it is disappointing to see what is happening at Fairfax Media with their sacking of another 125 staff as they have a lot of good journalists and I regularly link back to their articles. But Lisa Davies needs to go or at the very least publish an apology, not just to me, but to all new media journalists and social media users.

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20 Comments on “Fairfax Media call for journalist to be jailed for reporting the truth”

  1. lleuadci May 27, 2017 at 11:54 pm #

    An article from the SMH exploring the accusations or the issue of supression orders being misused would have been preferable.
    Clearly highly paid lame-stream professionals resent the idea of ‘rogue’ bloggers out performing them.

  2. Bill Grassick May 28, 2017 at 8:13 am #

    One of you is reporting the news – the other the mews!

  3. A.H. van Herp May 28, 2017 at 9:02 am #

    Ms, Davies has been added to the politicians, judges and cops for whom I have a great contempt.

    To stab a fellow worker in the back is like cannibalism.

  4. Ricky May 28, 2017 at 10:00 am #

    Just ignore her, everyone else is.

    • A.H. van Herp May 28, 2017 at 2:01 pm #

      With all due respect we cannot ignore her because it is not about her but about a corrupt media company which has newspapers, television stations and magazines in every state in Australia.

  5. Ross Cameron May 28, 2017 at 10:15 am #

    Bloggers are the only Australians with guts enough to expose the corruption in our society. When was the last time you saw the latest stats on how many lawyers and barristers have been disbarred, fined,or reprimanded, yet the figures are available on every Legal Services Commissioners` websites. Carry on.

  6. Brett May 28, 2017 at 10:21 am #

    I call for the Jailing of the SMH Editor for the continuous reporting of fake news and foreign influenced propaganda and disinformation which is not in the best interests and welfare of the Australian people. I allege the SMH newspaper is on the CIA payroll and represents private interest groups “the one percent ruling elite” and that the editor of SMH uses CIA cover stories published through their print and online media to control explanations to events. The SMH Editor like the other presstitutes lose their value to the ruling elite if the presstitutes cannot control the explanations in order to justify the self-serving agendas of the ruling elite. None of KCA’s readers agree that he provides fake news. KCA readers continue to rely on KCA providing them with reliable information as they understand that the presstitue media like SMH and its presstitute editor consists of and exists on lies.

    • TheWorldAsItTrulyIs (@twaitiblog) May 28, 2017 at 11:03 am #

      Thumbs up from me. Fairfax are going down the tubes but they never think to write interesting stories like you find on this website or on ZeroHedge. Why?

    • Nes May 28, 2017 at 11:54 am #

      Yes, I think it would be more appropriate to jail journos, editors and msm owners (including ABC and SBS) for promoting serial lies and deceit, particularly when encouraging or justifying invasion of countries, killing the inhabitants and thieving the resources.
      There are many examples.
      Here is a challenge, how many readers have seen the 2007 interview by Amy Goodman with ex NATO chief General Wesley Clark, wherein General Clarke reports that he visited the Pentagom in the weeks following 911 and was told: of
      ‘The plan’, (pre911) we are going to war sir, we are going to take down 7 countries in five years: (then had started bombing Afghanistan) Iraq, Somalia, Sudan, Libya, Lebanon, Syria and ending with Iran.
      Any takers?
      No, just search: 2.11 minutes of the video: Amy Goodman interview with General Clark March 2007 ‘the plan’.
      Here is a challenge to the ‘always independent’ smh editor; put up the transcript in your editorial and explain why it has not been reported on and why we have spent borrowed money helping to kill a million plus in the Middle East for the last 14-17 years.
      Then explain that we are experiencing refugees and terrorism because we are bombing the crap out of their countries

      • A.H. van Herp May 28, 2017 at 1:50 pm #

        That statement by Clarke was widely reported on the Internet but you are right, no video.

  7. Jonde May 28, 2017 at 10:41 am #

    From which source gave her, and other blights on society, judges, corporate heads et al, the authority to change a democracy into a dictatorship.
    The various articles on this site in many cases are facts relating to nefarious activities by individuals or groups, not State secrets for certain eyes only, which, if passed on illegally, the perpetrator is subjected to severe punishment.
    Being an editor does not automatically make Lisa Davies an intelligent person who understands the meaning of “The Freedom Of The Press,” the subject is clarified by reading any one of an abundance of sites on the Internet.

  8. Graeme May 28, 2017 at 12:01 pm #

    If you want to see the Courts in action log on to Cairnsnews.org to witness a tragedy that effects all Aussies. Witness how the elite evade giving evidence [David Walter] jailed [3 mths] from the Bench [Magistrate Bentley] for his research. A sad day for jurisprudence.

  9. melbaver May 28, 2017 at 12:32 pm #

    The police investigate, the DPP prosecutes, a jury and/or judge decides guilt, and the judge apportions punishment. Journalists are there to report all of the foregoing, not to lead a lynch mob in protection of their own shortcomings. As editor she has way overstepped her responsibility.

    • A.H. van Herp May 28, 2017 at 1:58 pm #

      Depending on what is being investigated the police will find what they think is right. The DPP prosecutor is a cop and close to corrupt magistrates and judges.

      If you have been on a jury you will know that great injustices are being done,

      Jurors will vote to get back to work or take revenge against the accused.

      A jury is supposed to consist of my peers, people who know me and can really judge whether I would do such a thing. Twelve strangers can’t substitute.

  10. gbc May 28, 2017 at 10:32 pm #

    If the SMH and other so called “news outlets” reported proper news rather than fake news as they have been doing for some years they may have a small possibility of staying business.
    As it is with the contemptible fake news they continually try to force down our throats their life as a business is limited, in fact the sooner the better they close their doors. I for one will not weep!!!

  11. D C Inall June 2, 2017 at 11:54 pm #

    I have not read the SMH for some twenty years, Mz Davies performance reminds me why

  12. GILBERT JOHN THOMAS August 28, 2017 at 10:40 pm #

    My 99 year mother has been unmercefully financial Destroyed in Wagga Wagga by Solicitors Creighe Lisle and Sheeky Williams Solicitors provides Services To Thomas Brothers Group huge Motor Business Multi Franchise commenced by my late Father and Mother in 1940. Has been debt free since 1968.The above professionals plus my Brother Allen Thomas my fathers late brother have Stollen 1985 My fathers insurance Police after he developed this desese stole it.
    The Police are not interested they like the Solicitors accounts who I honestly believe the Police do what they do
    for Financial reward to themselfs Professionals pay them thats how it works.They are the worst type of People.
    You would need to view the documentions we have got together in past 12 years .
    This would be the worst case of Fraud Deception possiable and make all people of Wagga Wagga & Riverina area would be Shocked out of there mind as to the Nil Police involvement other than taking bribes and stopping Justice.
    Unless you have ability to Stop high level corruption These Professionals and Police at HQ Parramatta head of Fraud & Cybercrime. Im now 68 years it has destroyed me My Mother Noeline Winifred Thomas and Late William Allen Thomas died from Demencha 1988.
    The value of the Real Estate and assets of Thomas Bros Group say.$20,000,000.00 My mother got nothing. Táke the time to Meet in Manly Mum lives with me in a housing commission unit thats in my name.Mum has had everything Stollen from her and Dad. By the Professions in Wagga Wagga .If I am not telling the truth.put me in jail.
    They have Destroyed Mum and Dad and going well behond

    • Shane Dowling October 1, 2017 at 3:45 pm #

      sorry to hear seems there is no nice stories these days every get’s manipulated into hardships or destruction

Trackbacks/Pingbacks

  1. Samantha Armytage and Rebecca Gibney refuse to deny sexual relationship with 7 CEO Tim Worner – Ryan Stokes - May 28, 2017

    […] “Interestingly both Samantha Armytage and Rebecca Gibney refused to file affidavits denying having a sexual relationship with Seven West Media CEO Tim Worner even though it would have helped their case to keep the suppression orders. Justice Lucy McCallum raised it at the hearing and asked their barrister why none of the applicants had filed affidavits to support their case. It was basically admission it was true and their defamation case against me was frivolous and vexatious as well as the contempt proceedings.” (Click here to read more) […]

  2. Seven’s lawyer tells court journalist should be jailed for naming Armitage and Gibney in 7 Scandal | Kangaroo Court of Australia - July 23, 2017

    […] Background – I wrote the below background in a previous article on the matter (Click here to read) […]

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