The defence minister, Peter Dutton, intends to take the stand in his defamation trial against a refugee activist scheduled to begin next month.
Dutton is suing Shane Bazzi over a tweet labelling him a “rape apologist”, making good on his threats to pursue social media users for allegedly false and defamatory statements.
Bazzi has deleted the tweet but is defending the case after Dutton decided to pursue him for an apology and damages.
Dutton is the only witness expected to give evidence during the trial, justice Richard White told a pre-trial hearing on Tuesday.
The minister says the tweet defamed him and suggested he condoned and excused rape.
Bazzi denies that he defamed Dutton and is using the defences of fair comment and honest opinion.
Dutton’s barrister, Nick Ferrett QC, said the parties had been in agreement on Monday but his side had since decided to amend the statement of claim.
“I just simply have not had an opportunity of taking proper instructions,” Bazzi’s lawyer, Richard Potter SC, replied.
“It seems to be a mixture of particulars of aggravation and defeasance connected with what I would call post-publication conduct. And secondly, an amendment of a little more substance in relation to aggravation concerning the apology of Senator Waters.
“There is no explanation at all for why that has suddenly changed.”
Ferrett said they could immediately provide the court with a draft amended claim but did not think it necessarily useful ahead of the “amended defence”. He assured the court it would not expand the case beyond a “few tweaks”.
Bazzi’s rape apologist claim was similar to an earlier statement by Greens senator Larissa Waters. She has since retracted her claims and apologised.
The tweet included a link to a 2019 Guardian Australia article reporting comments by Dutton that female refugees were “trying it on” by making claims they had been raped.
Dutton told Sky News that female refugees held on Nauru were claiming they needed to come to Australia for an abortion following rape but changing their minds when they arrived.
“You could question whether people needed medical attention,” he said at the time.
Potter said they were applying to submit the full Guardian article in the proceedings as part of the defence case.
White urged the parties in June to settle the dispute as the issues were confined, involved one document, and two defences pleaded. He repeated it was a matter capable of settlement.
“I will be asking for an assurance from you, not today, but an assurance that counsel had given their attention to a possible negotiated outcome to this litigation,” he said.
In documents before the court, the MP claims he suffered hurt and embarrassment and was brought into “hatred, ridicule and contempt”.
Due to Covid-19 restrictions, the three-day October trial is scheduled to be held over Microsoft Teams. The pre-trial hearing will resume on Thursday.