Channel Nine ordered to pay high-profile barrister $150,000 for its ‘sensationalist’ reporting of a custody battle over Insta-famous Oscar the Cavoodle
Channel Nine has been sent to the doghouse for its sensational reporting of a custody dispute over an Insta-famous Cavoodle from Sydney’s posh lower north shore.
The network will have to pay Oscar’s owner, lawyer Gina Edwards, $150,000, including damages, following a fiercely defended defamation action in the Federal Court.
Ms Edwards sued Nine over two TV broadcasts and two articles by A Current Affair about the custody dispute with former boyfriend Mark Gillespie over the cavoodle.
Judge Michael Wigney on Friday described Nine’s reports from May and June 2021 as “extravagant, outrageous and sensational”.
Channel Nine will pay $150,000 in damages to high-profile lawyer Gina Edwards (pictured with Cavoodle Oscar outside Federal Court after winning her case on Friday)
Ms Edwards sued Nine over two TV broadcasts and two articles by A Current Affair about the custody dispute with former boyfriend Mark Gillespie (pictured) over the cavoodle
“The broadcasts and associated articles were produced and edited in such a sensational manner that they unnecessarily and unjustifiably despised and humiliated Ms. Edwards,” he wrote in a 130-page judgment.
The reports falsely portrayed the lawyer as a dog thief who stole Oscar for her own financial benefit, including claims that she “lived the good life” and received support from pet companies.
Nine and ACA journalist Steve Marshall chased and harassed the Sydney lawyer in a park and in her chambers with this footage used in the television reports, he discovered.
The demeaning tenor and tone towards Ms Edwards, including describing her as a ‘dog sitter’, exacerbated the pain and suffering she felt as a result, the judge said.
Nine made no attempt to independently investigate Mr Gillespie’s claims and failed to contact Ms Edwards to hear her side of the story, he found.
Nine will have to pay Ms Edwards (pictured) $150,000, including damages
Cruise employee Mark Gillespie previously enjoyed a three-way custody agreement with Oscar
This “blind acceptance” of Mr Gillespie’s allegations, and Nine’s refusal to remove the broadcasts from its website as requested, further aggravated the pain and suffering caused, Judge Wigney said.
The judge ruled that Ms Edwards ultimately won the Oscar in 2019 through deception by falsely claiming he would be playing Pooch Perfect in a Channel Seven show.
However, the lawyer did not steal the cavoodle because she had an honest but incorrect belief at the time that she was part owner of the dog, he said.
“Ms Edwards cannot be said to have been guilty of theft or larceny in circumstances where it cannot be said that she had no genuine and fair claim of justice against Oscar,” he wrote.
During a hearing in December 2022, the lawyer said Oscar was jointly cared for by her, her husband Ken Flavell and cruise worker Gillespie as “one mother and two fathers.”
Mrs Edwards said she, her husband Ken Flavell and cruise worker Mr Gillespie had jointly won an Oscar as ‘one mum and two dads’
Before the fight, the three had lived life as a “weird small town family” and held lavish parties for birthdays, Halloween and other occasions, bringing puppies from all over town decked out in costumes and bow ties, she told the court. .
The custody battle between Ms Edwards and Mr Gillespie went to the NSW Supreme Court before a settlement was reached in November 2021, with the Kirribilli couple retaining ownership of the dog.
The defamation case will return to the Federal Court on May 16, where final orders will be made.
This will include arguments over whether Nine should be ordered to remove the articles and how legal costs will be paid.
Nine declined to comment on the verdict.