Alan Jones appeals gag order in Wagner defamation case

2GB is appealing a gag order placed on the station after Alan Jones was found to have defamed the Wagner Family.
In a judgment last September in Brisbane’s Supreme Court, Justice Flanagan granted a request by the Wagners to stipulate that Jones and the Macquarie Radio stations could not repeat statements defaming them.
2GB’s lawyers have submitted that the judge erred in granting the injunction.
In making the order the judge noted that in giving evidence Jones maintained the Wagers were responsible for the 2011 tragedy near Toowoomba. That reasoning was disputed by Jones’ barrister: “The error, we say, in Justice Flanagan’s approach was to both misapprehend and misapply the evidence that was relied upon… It was entirely unfair characterisation of Mr Jones’ evidence.
Mr Jones did not say the plaintiffs were responsible or culpable for the deaths of 12 people at Grantham. That was put to Mr Jones, and he acquiesced.”
The Wagner family’s lawyer expressed concern that Jones intends to slander them again if the injunction is lifted, and said that Jones could still discuss the case, but could not repeat his slanderous accusations.
“The overwhelming inference, we would submit to the court, is that Mr Jones is intending or wants to, if the occasion arises, repeat one or more the defamatory imputations… [the injunction] simply prevents Mr Jones from repeating the defamatory statements,” it does not prevent him discussing why he made the statements.
The appeal court judges have reserved their decision.

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