Geoffrey Rush's legal team has accused a News Corp Australia lawyer of travelling to America to "dig up dirt" on the film star ahead of his defamation case against the publisher — but News Corp says the lawyer was on a holiday, referring to Facebook pictures of him scuba diving.
In what is perhaps the most high profile defamation case since the beginning of the #MeToo movement, Rush is suing publisher Nationwide News and journalist Jonathon Moran over articles published in Sydney newspaper The Daily Telegraph in November 2017.
The stories alleged a complaint of "inappropriate behaviour" had been made against Rush, and that he had "inappropriately touched" a female cast member during a 2015-16 Sydney Theatre Company (STC) production of King Lear.
Rush denies the allegations and claims the newspaper defamed him by painting him as a "sexual predator" and a "pervert" who had committed sexual assault.
Nationwide News has pleaded a defence of truth and the woman at the centre of the allegations, actor Eryn Jean Norvill, will testify at trial, despite not speaking to The Daily Telegraph ahead of the stories being run.
In a preliminary hearing on Monday, Rush's barrister Sue Chrysanthou said Rush had been receiving calls and messages from people overseas telling him that News Corp in-house counsel had gotten in touch with them to investigate matters involving Rush that have "nothing to do" with the defamation case.
She said Michael Cameron, News Corp Australia's national editorial counsel, had taken a trip to the United States "trying to dig up dirt on Mr Rush amongst his former colleagues and people he’s worked with in the United States".
"[Rush is] finding it very upsetting to be receiving these communications two or three weeks out from trial," Chrysanthou said.
Nationwide News barrister Lyndelle Barnett said Cameron, who was present in court, was in America on a "personal holiday" and that he was entitled to make inquiries regardless.
"Nothing at all about him going to America for the sole purpose of investigating the applicant," she said.
Justice Michael Wigney commented: "He can make whatever investigations he wants to make, he’s a lawyer."
Chrysanthou then handed an email to Wigney, which she said was from Cameron to a third person and dated September 27, 2018.
"He says ‘I’m an attorney from Australia, I'm currently visiting the United States to investigate…’ I can hand it up to your honour, I won’t read out the whole thing," Chrysanthou told the court. "It doesn’t sound like my idea of a holiday.
"Mr Cameron is sending unsolicited emails to people he obviously doesn’t know, trying to investigate something that has nothing to do with these proceedings in order to dig up dirt on my client."
Barnett again argued that the "sole purpose" of Cameron's trip was not to investigate Rush.
"I’m reluctant to tender photos of him scuba diving on Facebook," she said.
Chrysanthou sought access to emails Cameron had sent about Rush dating back to November 2017, but Barnett said the scope of the request was "extremely broad" and Wigney agreed.
The two parties agreed for Cameron to hand over relevant emails sent over the past two and a half weeks instead.
Chrsyanthou flagged plans to use the emails as evidence in Rush's claim for aggravated damages.
Monday's hearing also canvassed a number of other pre-trial issues, including whether various witnesses can appear via video link from overseas, disputes over redactions on various documents, and whether a new witness can give evidence about alleged changes to the STC's HR policies in the wake of the complaint about Rush.
Rush's agent is expected to give evidence, as well as a Los Angeles-based film company attorney who will testify about the likelihood of Rush obtaining future acting work were it not for the articles.
The trial is scheduled to begin on October 22.