- Mina Greiss was outside the court during Hayne’s sentencing in 2021
- The Federal Court handed down its ruling on Wednesday
A court has dismissed findings that one of Jarryd Hayne’s supporters was defamed by a social media post claiming he spat at the footballer’s rape accuser as she left court.
On Wednesday, the Federal Court overturned an earlier decision that the Seven Network and one of its journalists had defamed Mina Greiss over an incident outside Newcastle court in May 2021, following Hayne’s sentencing for the alleged rape.
Hayne was initially sentenced to more than five years in prison, but was released after his conviction was overturned on appeal.
Seven was initially ordered to pay Mr Greiss $37,940 following a defamation trial, despite a judge accepting that he had looked at and pointed at Hayne’s alleged victim as she left the court and spat in her direction. .
Seven Network journalist Leonie Ryan took a photo of Mr Greiss and posted it on Twitter and Facebook, accusing him of “staring at the victim” and spitting at her.
Seven successfully defended the Tweet, as well as a news article with the same claims, however the court ruled that the Facebook post was defamatory.
Jarryd Hayne appears outside a Newcastle court as he was sentenced on May 6, 2021, the day one of his followers spat at the woman who accused him of rape.
Former Parramatta Eels star Hayne (pictured outside a Sydney pitch in April 2023)
Federal Court Judge Anna Katzmann found that the publication falsely reported that Greiss spit “at” the woman, when in fact he had spit on a garden bed in the direction of the victim.
Judge Michael Lee, joined by two other Federal Court judges, ruled Wednesday that there was no material difference between what was alleged in the Facebook post and Greiss’ actions.
“The conclusion that the spit was intended for or directed at the plaintiff is sufficient to justify the substantial truth of the allegations,” Judge Lee said.
“Mr. Greiss spat on a rape complainant in front of the court.”
Judge Lee said the primary judge’s conclusion that Mr Greiss’ behavior was disgraceful was also correct and therefore Ryan’s post was not defamatory.
The court also dismissed a counterclaim by Mr. Greiss that challenged the findings of the initial trial, including that he had spit in the woman’s direction, which he denied.
He was ordered to pay Seven Network’s legal costs for the appeal.