Antoinette Lattouf, a journalist suing the Australian Broadcasting Corporation (ABC) for unfair dismissal, faced intense cross-examination in a Sydney federal court. The trial, expected to last over a week, centers around Lattouf's termination after three shifts during a five-day presenting gig on ABC Radio Sydney in December 2023. Lattouf alleges she was fired due to her reposting of a Human Rights Watch video on Instagram regarding the Israeli-Palestinian conflict, a claim the ABC denies.
You understand, don't you, that we appear for the ABC, the respondent and your former employer, and that we are now going to cross examine you,” he said in a quiet voice. It was the last gentle moment in an otherwise tense Monday afternoon in the federal court in Sydney that saw Antoinette Lattouf, the journalist suing the national broadcaster for unfair dismissal, subjected to detailed and at times hostile questioning for two hours.
When she took the stand on Monday – the first witness called on the first day of a trial that is expected to last for more than a week – Lattouf would have known she was in for a fight. Just a few questions into Monday’s cross examination and it was clear it was going to be another testy session. Lattouf was recently fired from the ABC after a five-day presenting gig on ABC Radio Sydney in December 2023. She maintains she was terminated after three shifts, after she reposted a video from Human Rights Watch on her personal Instagram page that said: “The Israeli government is using starvation of civilians as a weapon of war in Gaza.” The ABC denied she was sacked because she was paid for the full five days of her contract. The Fair Work Commission is hearing the case. Much of Monday’s questioning revolved around Lattouf’s Instagram posts, both the one at the heart of the case, and others shared by Lattouf relating to the Israel-Gaza conflict. Neither Neil nor Lattouf were going to concede ground without a fight. Lattouf weighed each question carefully before answering. “Human Rights Watch is a private non-government organisation. Is that correct?” Neil asked her early in the session. “I’m not sure,” Lattouf said carefully. “I mean, I know it’s an independent, respected non-government organisation.”“I know it’s non-government. I’m not sure about whether it’s privately incorporated,” Lattouf shot back. Lattouf asked for a number of Neil’s questions to be repeated, something that seemed to irritate Neil, even when his questions were lengthy and hard to follow. At one point Neil asked her: “When you wrote and when you caused those words, the words in paragraph five, to be published on Instagram, did you do so knowing or appreciating that you would reasonably be associated by at least some people reading those words with the view that Israel’s occupation constituted apartheid?” “I’m sorry I don’t understand that question and how it differs from the question prior,” said Lattouf. “Don’t worry about the last part. What part of the question didn’t you understand?” said Neil. “This is the question, just listen to the words of the question.” Fifteen minutes later, Neil asked her about a comment on social media: “Is what we see there your response?”“The question was: is what we see there your response to that comment?” said Neil. “The answer is yes. I didn’t ask you whether it was satirical, did I?”“She’s been cut off,” said Oshie Fagir. “She should be allowed to answer the questions.” Justice Darryl Rangiah agreed: “Please, Mr Neil, presumably you ask a question because you want an answer to it. If you cut the witness off halfway through the answer, then it doesn’t assist me.”Outside the court, two members of the public, waving Palestinian flags and holding signs expressing support for Lattouf, waited much of the day. Inside the courtroom, which was standing room only, were some of Lattouf’s supporters, including her husband, who nodded support to her and occasional shook his head indignantly at Neil’s questioning. One member of the public broke into loud applause at the end of a video played during proceedings. Lattouf had posted the video to Instagram in 2023 and discussed an open letter she had signed calling on the media to improve the way it covered the war in Gaza.“Sorry, I just got a bit emotional there,” she said.
AUSTRALIAN BROADCASTING CORPORATION JOURNALIST DISMISSAL FAIR WORK COMMISSION ISRAEL-GAZA CONFLICT INSTAGRAM HUMAN RIGHTS WATCH
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