Speaker Trevor Mallard refuses to say how much taxpayer money spent in defamation case after incorrect rape claim

December 9, 2020

It follows a long defamation battle costing taxpayers at least $80,000.

Speaker Trevor Mallard is refusing to answer questions about how much his defamation case is costing taxpayers after he accused a Parliamentary staffer of rape. 

It follows from his apology yesterday afternoon when he accepted it was incorrect to describe allegations made in Parliament's 2019 bullying review as rape. 

In May 2019, a five-month review into bullying and harassment in Parliament found harmful behaviour by and between staff, managers, MPs, media and the public.

The staffer took Mallard to court in January, alleging the Speaker had defamed him. The person sought $400,000 in general damages and $50,000 in punitive damages and court costs.

In a statement on June 26, Mallard said the case had totalled, at the time, $79.979.33. This was paid by the taxpayer.

But, when asked by 1 NEWS, Mallard refused to answer how much public money was used in total in the case.

He also refused to answer whether any taxpayer money would be used in any payout to the staffer. 

1 NEWS approached the Office of the Prime Minister yesterday afternoon and asked if Jacinda Ardern would take any action against Mallard.

Ardern’s office said Mallard had made his comments as Speaker, and the Prime Minister wouldn’t get involved.  

Speaking with media today, she was again asked whether she would do anything about Mallard. 

"It’s not for me to comment on," she said of Mallard's statement released yesterday. 

In that statement, Mallard said he "made a number of comments to the media about the findings of that report and in particular as they related to an individual working at Parliament".

It ends a long defamation battle in which taxpayers have footed the bill.

"Some of Trevor Mallard's comments gave the impression that allegations made against that individual in the context of the Francis Review amounted to rape.

"Trevor Mallard accepts that his understanding of the definition of rape at that time was incorrect and that the alleged conduct did not amount to rape (as that term is defined in the Crimes Act) and that it was incorrect of him to suggest otherwise."

Mallard apologised "for the distress and humiliation his statements caused to the individual and his family". 

ACT leader David Seymour said the situation was “completely unacceptable”, and said Mallard shouldn’t stay in his role as Speaker. 

The Prime Minister says it’s not for her to comment on because the Speaker is not a political role.

In response, Ardern said the Speaker was independent.

“The Speaker is Parliament’s person. So, ultimately, these decisions [to resign or not] are for him. Not for political parties."

She said she had no involvement in the timing of the release of the statement, which coincided with the public release of parts of the Royal Commission of Inquiry into the March 15 terror attack.

In the House today, Seymour questioned the timing of the statement's release.

"There are serious concerns raised in the media and I think you owe it to the House, regardless of any private agreement you have in any capacity to give an explanation of why you choose to release this information, while the country was embroiled and digesting the Royal Commission of Inquiry," he told Mallard.

Mallard said the statement was released "as soon as was practical" after its contents were agreed to "on Thursday or Friday last week".

Prior to question time today, National's shadow leader of the House Chris Bishop asked Mallard whether he wanted to make a statement in the House about his statement. This would result in the matter being included in Parliament's Hansard — its permanent, written record of proceedings. 

"Part of the agreement is that I made no further comment," Mallard replied.

Before entering the House, Green Party co-leader James Shaw said taxpayers should be told how much of their money had been used in Mallard's defamation case. 

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