Fox Sports, Seven, Nine, and Network 10 are currently under legal scrutiny at the Federal Court following allegations of broadcasting an incident from 2020, which implicated a group of fans in racially abusing Brent Naden, the former Penrith Panthers player.
The suit has been initiated by William Thurston, who claims he and his friends were unjustly targeted by these broadcasts. After being ejected from a game between the Penrith Panthers and the New Zealand Warriors, the footage of the group’s removal circulated widely, leading to significant backlash on social media.
“They were not told that they were being evicted for any other reason that they were asked to leave,” stated Thurston’s barrister, Roger Rasmussen.
He further clarified that while his clients had been indulging in sledging towards Mr. Naden, it did not possess any racial undertone. Rasmussen expressed confidence that as the case proceeds, evidence will verify their stance, emphasising, “We submit as the evidence pans out your honour will be satisfied the sledging … did not go anywhere near the matters alleged by the respondents.”
Contrarily, representing the broadcasters, barrister Dauid Sibtain SC described the accusations differently. He highlighted that Mr. Naden wasn’t just affected by everyday sledging. “He was subjected to abuse that included a racial element,” Sibtain remarked, adding that a cameraman even attested to hearing racial slurs directed at Naden.
One particularly troubling element, according to Sibtain, was the mimicry of a traditional Aboriginal sound by the group, which intensifies the severity of the alleged abuse. He commented, “The use of that sound make the abuse worse. It shifts it into a different universe of abuse. It’s shifted into cultural.”
During the court session, multiple broadcasts were presented, showcasing presenters condemning the alleged racial abuse. In defence, Sibtain is set to assert that these broadcasts were backed by factual and prompt information. “There can be little doubt those opinions were honestly held,” he said.
Thurston recounted his version of events, stating that their primary intent was to engage in harmless banter. They teased Naden about his hairstyle and ability, saying, “You can’t catch a ball”, but firmly denied resorting to racial insults.
He asserted that their ejection was primarily due to their intoxicated state. Addressing a controversial video that went viral, showing the group performing a dance Thurston identified as Aboriginal, he clarified, “(It was) not my intention to mock anyone, not at all.” Thurston detailed his background, noting his fluency in playing the didgeridoo and being acquainted with traditional dance, owing to his many Indigenous peers and rugby teammates.
After the media storm, Thurston sought guidance from the Gosford Police Station. However, they expressed their inability to intervene. Now, Thurston seeks damages, including aggravated defamation charges.
Brent Naden, now associated with Wests Tigers, is anticipated to testify as the hearings progress.
SOURCE: The Australian and B&T
