MERCEDES CORBY WINS DEFAMATION TRIAL AGAINST CHANNEL 7!

Corby wins court case

Malcolm Brown
May 29, 2008 - 6:51PM


Mercedes Corby has won her defamation case against Channel Seven.

Corby, sister of Schapelle Corby - jailed for attempting to smuggle marijuana into Bali in 2004 - had claimed that she was grossly defamed in the Today Tonight programs.

The claims were that she had asked her then best friend, Jodie Power, to smuggle drugs into Bali; that she had confessed, herself, to smuggling marijuana; that she was guilty of smuggling marijuana; that she was knowingly involved in Schapelle Corby's smuggling and that she had possessed marijuana.

Ms Corby further complained that the program conveyed the meaning that she was a threat to the safety of Ms Power, who had made strong claims against her and the Corby family in the television programs and that Ms Corby had denied Schapelle Corby's lawyers the chance to prove Schapelle's innocence.

Justice Carolyn Simpson, who gave directions to the jury for three hours today, said that it had been conceded on Ms Corby's behalf that she had smoked marijuana but only on a few occasions years ago.

It has been argued by Stuart Littlemore, QC, representing Ms Corby, that technically during the brief time she had handled marijuana, she had "possessed it".

But the jury had to decide whether such an allegedly fleeting contact with the drug made it "substantially true" that Ms Corby was guilty of possession.

After six hours, the jury found Seven's defence of truth had failed on all but one of the defamatory imputations, namely that Ms Corby had possessed marijuana.

Ms Power shook her head and was visibly upset after hearing the verdict, and had to be calmed by those around her.

As they left the court, Power shouted "liar" in Ms Corby's direction, as Ms Corby embraced her lawyers.

Outside court, Ms Corby told reporters it had been a difficult time.

"I've still got more to do but I'm really happy with the outcome," she said.

The parties will have to return to court tomorrow to address the imputation found to be true.

During the hearings, Mr Littlemore said his client was "an ordinary Australian" subjected to a "trial by media" solely because her sister, Schapelle, was "locked up in a stinking jail in Bali".

Schapelle Corby is serving 20 years in prison after being convicted of smuggling 4.1kg of cannabis into Indonesia inside a bodyboard bag in 2004.

Seven paid Ms Power $100,000 for the interviews and also gave the 35-year-old two all expenses paid overseas holidays.

In her evidence, Ms Power said she had seen Ms Corby, 33, use marijuana, speed, cocaine and shabu - a type of methamphetamine.

The jury was shown two photos of Ms Corby with a pipe, shaped like a penis, which Ms Power said was used to smoke marijuana.

Ms Power also alleged Ms Corby had admitted to her that she had internally concealed marijuana and smuggled it into Bali, and had asked her to do the same.

When she took the stand, Ms Corby denied the smuggling allegations, rejected claims she took cocaine, shabu, and speed, and also denied selling marijuana or speed.

She said her drug use was limited, and her own letters referring to her drug use were written when she was "young and immature" and trying to look "cool".

Mr Littlemore contended Ms Power's brain had been "fried" by her own drug use, which the court was told had rendered her delusional.

with AAP

http://www.smh.com.au/news/national/cor ... 90387.html