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Claim Sophie Mirabella pushed political rival was 'fake news', court hears, in defamation case against newspaper

Composite: Sophie Mirabella, Cathy McGowan Indi candidates

An article which claimed former Liberal frontbencher Sophie Mirabella pushed her political opponent Cathy McGowan out of a photo opportunity was "fake news", a court has heard.

Mrs Mirabella is suing the north-east Victorian newspaper The Benalla Ensign and its then-editor over an article, titled "Awkward Encounter", which was published in the lead-up to the 2016 federal election.

Former Liberal MP Sophie Mirabella leaves court with her husband.

At the time, the former federal MP was fighting to regain the north-east Victorian seat of Indi, which she had narrowly lost to Ms McGowan, an independent candidate, in 2013.

The opening day of the County Court trial in Wangaratta heard the newspaper admitted it got it wrong when it published that Mrs Mirabella had pushed Ms McGowan out of a photo opportunity with Liberal MP Ken Wyatt at a media event at a nursing home.

Georgina Schoff QC told the jury the newspaper's editor, Libby Price, had not witnessed the incident or called Mrs Mirabella for a response before publishing her article.

"What we now know is that Ms McGowan did not tell Ms Price that Sophie had physically pushed her out of the way of the photograph … and she said no such thing because it simply did not happen," she said.

"That article was fake news."

Ms Schoff said Mrs Mirabella would tell the jury that Ms McGowan had asked her if she minded if she had a photo with Mr Wyatt.

"Sophie responded by saying: 'Well since you've asked I do mind'," she said.

Article made Mirabella 'sick to her stomach'

But Ms Schoff said they all left the event without incident.

Five days later The Benalla Ensign published the article, which Ms Schoff said had left Mrs Mirabella "stunned and horrified".

"She felt sick to her stomach because she knew immediately that this article would go viral," Ms Schoff said

The court heard that the story was picked up by a number of major news outlets including ABC News, The Australian newspaper and the Sydney Morning Herald newspaper.

Ms Schoff said The Benalla Ensign refused to retract the story or apologise for it until six months after it was published.

"By that time however it was too late," Ms Schoff said.

"Sophie was not satisfied with the apology and she will tell you that it made her feel worse.

Indi independent MP Cathy McGowan with Sophie Mirabella at a function in Benalla.

"The allegation had continued to be republished right up until that time. She felt that the story would never go away.

"She needs you to tell the world that the paper got it wrong," Ms Schoff told the jury.

Article 'not fake news at all'

The court heard the newspaper admits it got the story wrong but claims the article was not defamatory.

Its barrister, David Gilbertson QC, told the jury the article is substantially true as Mr Wyatt would give evidence that Mrs Mirabella had placed her hands on his chest to prevent him from being in the photo.

"Mrs Mirabella had physically pushed a politician out of the way for her own political reasons and we say … that in that meaning, it was true," he said.

"[Mr Wyatt] will say that when he said he would be in the photo, Mrs Mirabella stood in front of him, put his hands on his chest and said: 'Don't do it'.

"This article wasn't fake news at all."

Mr Wyatt and Ms McGowan will both give evidence during the six-day trial.

Mrs Mirabella will return to court to give evidence tomorrow.

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Read Again http://www.abc.net.au/news/2018-04-26/claim-sophie-mirabella-pushed-political-rival-not-true-court/9698736

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