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That’s it for today. Justice Darryl Rangiah says the trial is behind schedule and all of the evidence is “plainly not going to be finished” within the five days set out.
He will look at whether extra days can be added so the remaining evidence can be completed next week.
We’ll be back tomorrow, at a slightly earlier time of 9.30am in an effort to get through more evidence, Rangiah said.
Things should kick off with the ABC’s outgoing content chief Chris Oliver-Taylor.
Thanks for joining us.
Antoinette Lattouf’s barrister Philip Boncardo told the court that Lattouf sent an email with questions regarding her dismissal on the evening of Wednesday, December 20.
Mark Spurway said that ABC radio executive Steve Ahern directed him not to reply and that he (Ahern) would handle it.
There have now been a number of questions about Lattouf being paid for the rest of her shifts.
Spurway said it was the “fair thing to do” to pay her out. He rejected Boncardo’s assertion he made the decision because it would assist with the ABC’s litigation.
That brings to an end Spurway’s cross-examination, and the ABC has no questions in response.
There are no further witnesses set to appear today. We’re just going through a final few matters now.
Antoinette Lattouf’s barrister Philip Boncardo suggested to Mark Spurway that the announcement by ABC radio executive Steve Ahern that Lattouf would be taken off air was “completely out of the blue”.
Spurway agreed.
“It’s fair to say that that was a complete shock to you, correct?” Boncardo said.
“I was surprised,” Spurway responded.
Spurway said at this point he was told by Ahern that Lattouf was being taken off-air for being in breach of editorial guidelines.
After a few objections, Mark Spurway has now been called to the witness box.
He is being cross-examined by Philip Boncardo, one of Antoinette Lattouf’s barristers.
Spurway was acting manager of ABC Radio Sydney at the time of Lattouf’s casual employment.
Spurway does not currently work for the ABC, but works for a mobile travel agency, as per his LinkedIn profile.
Boncardo is questioning Spurway about the complaints process
After a long break, we are back, and there has been a change of schedule.
Chris Oliver-Taylor will no longer be next up, but it will be Ronald (Mark) Spurway instead.
Spurway was employed at the time as the acting Radio Sydney manager.
It is unclear what exactly happened during the break, however there may have been a discussion about the timetable being off schedule.
David Anderson has been excused from the witness box after some questions from the ABC’s barrister, Ian Neil, SC.
Anderson told Neil that co-ordinated email complaints about the Israel-Gaza conflict began weeks before Antoinette Lattouf was on air.
He also said he never read the full Crikey article, referenced earlier today.
Anderson was then excused and the court has adjourned briefly.
Outgoing chief content officer Chris Oliver-Taylor is expected to appear next, which will take us through until 4.30pm.
ABC boss David Anderson was asked whether the dealings with Antoinette Lattouf have undermined its reputation for independence or integrity.
“No, I don’t believe it’s undermined its reputation for independence. I think the outcome of this trial will determine whether or not it’s affected the ABC’s integrity,” Anderson said.
And with that, Antoinette Lattouf’s barrister Oshie Fagir said Anderson’s cross-examination had concluded.
ABC boss David Anderson was asked about an email sent by the ABC’s chief people officer this morning, asserting that the broadcaster has a strong commitment to diversity.
This line of questioning goes to the ABC’s defence that Antoinette Lattouf’s team has not proven the Lebanese, Arab or Middle Eastern race exists.
Lattouf has alleged her race contributed to the ABC’s dismissal of her.
“Do you yourself have any doubts that there exists a Lebanese race?” her barrister Oshie Fagir asked.
“If somebody tells me they’re Lebanese, I don’t question whether they mean it’s race or national identity. So I don’t question whether somebody says that they are Lebanese by way of race, I don’t question that,” Anderson said.
“I haven’t formed a view, whether there is, or there isn’t,” he said.
ABC boss David Anderson rejected a suggestion by Antoinette Lattouf’s barrister Oshie Fagir that he was “hostile” to Lattouf due to her opinions, including those in relation to the conduct of Israel.
Anderson again said he was concerned, and questioned the appropriateness of Lattouf filling the position on-air due to her partisan view on the Israel-Gaza conflict, and that she was an advocate for one perspective.
He confirmed he was “deeply unhappy” that Lattouf had been put in that position, and agreed that might explain why head of content Chris Oliver-Taylor had apologised to him repeatedly.
Anderson said Oliver-Taylor was within his rights to give Lattouf a directive not to post anything on social media.
“My understanding would be that we’ve identified that Ms Lattouf has a very public position for one perspective, to do with the Israel-Gaza war, and so not to undermine our ability to meet our statutory obligations with impartiality, that in the context of that, not to speak of the Israel-Gaza war, and certainly not to post about it on her personal social media, while engaged with the ABC,” he said.
Proceedings are about to resume, with David Anderson continuing to be cross-examined.
We have just over two hours left for the day, with the chance of seeing the ABC’s outgoing chief content officer Chris Oliver-Taylor enter the witness box.
The ABC has positioned Oliver-Taylor as the key decision maker.