Dr Michael Douglas, senior lecturer at the University of Western Australia’s law school, said: “If ever there was a defamation case where the ends of justice might warrant a trial by jury, this might be it: where the litigants are politicians and the social issues engaged by the case are controversial.”
“Changing attitudes towards homosexuality over the last 40 to 50 years may be such an issue,” said University of Sydney professor David Rolph, an expert in defamation law.“But the Federal Court has repeatedly emphasised that the default mode of trial is not trial by jury, even in a defamation case.” “It may be the type of case that might benefit from having a jury involved,” he said. “The only reason a jury might be warranted here is because of the nature of the allegations.”
Greenwich’s lawyers also pointed to the suggestion in Latham’s defence that Greenwich is “an openly gay man who has participated in homosexual sexual activities”, when “Mr Latham does not know, and could not have known, anything about the private sexual activities of Mr Greenwich”.
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