SA: Mick Molloy's defamation defence will be jest, court hears

AAP General News (Australia)
04-27-2010
SA: Mick Molloy's defamation defence will be jest, court hears

By Steve Larkin

ADELAIDE, April 27 AAP - Comedian Mick Molloy and Network Ten will use jest as their
defence against defamation action brought by failed federal election candidate Nicole
Cornes.

Ms Cornes is seeking unspecified damages, alleging Molloy defamed her on Network Ten
in July 2008.

Molloy allegedly questioned the fidelity of Ms Cornes by insinuating she had slept
with former AFL player Stuart Dew in comments aired on the Before The Game show.

Molloy has made an on-air apology for the remarks but Ms Cornes, who unsuccessfully
contested the 2007 federal election as a Labor candidate, has pressed ahead with defamation
action.

Sam Doyle, for Network Ten, told the South Australian Supreme Civil Court on Tuesday
that "the defence is not one of truth, it's one of jest".

Mr Doyle said the case would fall on a narrow compass.

"Essentially, it will be a case of whether the words were understood in a literal sense
or whether they were delivered in jest," he told the court.

Lawyers for Ms Cornes were seeking a series of questions to be answered by Ten and
Mr Molloy before the trial starts in November.

Judge Brian Withers on Tuesday reserved his decision on whether the questions had to
be answered before trial.

AAP sl/lk/cdh

KEYWORD: CORNES

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