- Mina Greiss was outside the court during Hayne’s 2021 sentencing
- The Federal Court ruled on Wednesday
A court has rejected findings that one of Jarryd Hayne’s supporters was defamed by a social media post that said he spat at the footballer’s rape accuser as she left court.
On Wednesday, the Federal Court overturned an earlier decision that Seven Network and one of its journalists had defamed Mina Greiss over an incident outside the Newcastle courthouse in May 2021, following Hayne’s conviction for the alleged rape.
Hayne was initially sentenced to more than five years in prison, but was released after his conviction was overturned on appeal.
Seven was initially ordered to pay $37,940 to Mr Greiss following a defamation trial, despite a judge accepting that he had stared at Hayne’s alleged victim as she left court and spat in her direction.
Seven Network journalist Leonie Ryan took a photo of Mr Greiss and posted it on Twitter and Facebook, accusing him of ‘staring the victim down’ and spitting at her.
Seven successfully defended the Tweet, as well as a news article making the same claims, but the court ruled that the Facebook post was defamatory.
Jarryd Hayne is photographed outside a Newcastle court as he was sentenced on May 6, 2021 – the day one of his supporters spat at the woman who accused him of rape
Former Parramatta Eels star Hayne (pictured outside a Sydney court in April 2023)
Federal Court Judge Anna Katzmann found that the post falsely reported that Mr Greiss spat ‘at’ the woman, when in fact he had spat in a garden bed towards the victim.
Judge Michael Lee, along with two other Federal Court judges, ruled on Wednesday that there was no substantial difference between what was alleged in the Facebook post and Mr Greiss’s actions.
“The inference that the spitting was for the complainant or directed at her is sufficient to justify the substantial truth of the allegations,” Judge Lee said.
“Mr. Greiss spat at a rape complainant outside court.”
Judge Lee said the primary judge’s finding that Mr Greiss’ conduct was disgraceful was also correct and that Ryan’s post was therefore not defamatory.
The court also rejected a counterclaim by Mr Greiss who challenged the findings at the first trial, including the claim that he had spat in the woman’s direction, which he denied.
He was ordered to pay the Seven Network’s legal costs for the appeal.