Liberal deputy says lawsuit prompted party to expel MP

Victoria's deputy opposition leader believes it was untenable for a Liberal MP to remain in the party after she had confirmed plans to sue the leader. 

David Southwick on Wednesday told the Federal Court the Liberals were left with no other option than to expel Moira Deeming from the party in May 2023. 

He said she had briefed journalists with her plans to sue Victorian Opposition Leader John Pesutto, which was unacceptable. 

The court has heard a recording of John Pesutto discussing Moira Deeming's presence at the rally.

"There were colleagues that felt infuriated that the leader was being threatened," Mr Southwick told the court on day 12 of Mrs Deeming's defamation trial against Mr Pesutto. 

She alleges he defamed her by suggesting or implying she was a Nazi in comments he made following a Let Women Speak rally.

The March 18, 2023, event was gatecrashed by neo-Nazis who performed the Nazi salute on the steps of state parliament. 

Mr Pesutto has denied any wrongdoing. 

Mrs Deeming first received a nine-month suspension on March 27, 2023, with a party-issued statement stating she accepted it might have been an "error of judgment" to go to the rally.

Mr Southwick said he met with Mrs Deeming in late April where they discussed plans for Mr Pesutto to issue his own statement denying Mrs Deeming was a Nazi sympathiser. 

But Mr Southwick said Mrs Deeming briefed the media of her plans to sue Mr Pesutto so the "deal was off". 

"She was never prepared to work through what we were trying to do in good faith," Mr Southwick told the court. 

He maintained Liberal partyroom members pushed the motion to expel, rather than the leadership team. 

Moira Deeming and Sue Chrysanthou
Moira Deeming's barrister Sue Chrysanthou grilled the deputy leader about his secret recording.

"People were lining up to put their name on the motion," he said. 

Mr Southwick was also grilled on his decision to secretly record a meeting with Mrs Deeming and the Liberal leadership team on the day after the rally. 

In the 70-minute recording played to the court, Mrs Deeming was criticised for her involvement in the rally and for photos showing her having champagne afterwards with fellow organisers. 

She is also heard telling the leaders she did not realise the Nazis were even at the rally and she did not support them.

Mr Southwick told the court he spoke to Mrs Deeming on the day of the rally and instructed her to issue a public statement condemning the Nazis. 

He claims she instead sent out a tweet saying she was disappointed police had walked "masked men" past the rally as they did a "horrible Nazi salute". 

Mr Southwick told the court she should have been stronger in calling them Nazis and denouncing what had been "one of the darkest days" in Victoria. 

Deputy Leader of the Opposition David Southwick
David Southwick said he secretly recorded the meeting as an "insurance policy".

The deputy leader said he chose to record the next day's meeting because he could not trust Mrs Deeming and he needed to protect himself and the Liberal Party from what was about to happen.

"I wanted to make sure the whole events weren't turned around and misconstrued," Mr Southwick told the court.

"For me, it was an insurance policy."

The recording was uncovered a week before the trial started and Mr Southwick maintained he never intended for anyone to hear it.

The other members of the meeting did not know he was recording it on his iPhone, Mr Southwick said. 

Victorian Opposition leader John Pesutto
David Southwick denied withholding the tape because it contradicted John Pesutto's statements.

But he admitted he told Mr Pesutto about the recording in November or December 2023, once it became clear the defamation case might proceed to court. 

Mr Southwick denied he withheld the tape because it contradicted the statements of Mr Pesutto and other members of the Liberal leadership. 

He also claimed he did not listen to the recording before making his written statement, telling the court he felt his memory was sufficient to recall what had happened.

The defamation trial continues on Thursday.

What is AAPNews?

For the first time, Australian Associated Press is delivering news straight to the consumer.

No ads. No spin. News straight-up.

Not only do you get to enjoy high-quality news delivered straight to your desktop or device, you do so in the knowledge you are supporting media diversity in Australia.

AAP Is Australia’s only independent newswire service, free from political and commercial influence, producing fact-based public interest journalism across a range of topics including politics, courts, sport, finance and entertainment.

What is AAPNews?
The Morning Wire

Wake up to AAPNews’ morning news bulletin delivered straight to your inbox or mobile device, bringing you up to speed with all that has happened overnight at home and abroad, as well as setting you up what the day has in store.

AAPNews Morning Wire
AAPNews Breaking News
Breaking News

Be the first to know when major breaking news happens.


Notifications will be sent to your device whenever a big story breaks, ensuring you are never in the dark when the talking points happen.

Focused Content

Enjoy the best of AAP’s specialised Topics in Focus. AAP has reporters dedicated to bringing you hard news and feature content across a range of specialised topics including Environment, Agriculture, Future Economies, Arts and Refugee Issues.

AAPNews Focussed Content
Subscription Plans

Choose the plan that best fits your needs. AAPNews offers two basic subscriptions, all billed monthly.

Once you sign up, you will have seven days to test out the service before being billed.

AAPNews Full Access Plan
Full Access
AU$10
  • Enjoy all that AAPNews has to offer
  • Access to breaking news notifications and bulletins
  • Includes access to all AAPNews’ specialised topics
Join Now
AAPNews Student Access Plan
Student Access
AU$5
  • Gain access via a verified student email account
  • Enjoy all the benefits of the ‘Full Access’ plan at a reduced rate
  • Subscription renews each month
Join Now
AAPNews Annual Access Plan
Annual Access
AU$99
  • All the benefits of the 'Full Access' subscription at a discounted rate
  • Subscription automatically renews after 12 months
Join Now

AAPNews also offers enterprise deals for businesses so you can provide an AAPNews account for your team, organisation or customers. Click here to contact AAP to sign-up your business today.

SEVEN DAYS FREE
Download the app
Download AAPNews on the App StoreDownload AAPNews on the Google Play Store