Barry Spurr racist email leaks an attack on government, court told
THE lawyer for a Sydney University professor who claims to have had his emails stolen and leaked to a website has said it was done as part “of an attack on the federal government”.
Professor Barry Spurr, who was the author of a series of sexist and racist emails published by the New Matilda current affairs website, was in the Federal Court in Sydney this morning, with his lawyers demanding the site return any emails still in their possession to the court.
Professor Spurr is on a panel overseeing an education curriculum review initiated by the Abbott Government, and his lawyer Arthur Moses SC told the court the leaks to the website were “the stolen property of a private citizen and is an attack on the federal government”.
Mr Moses said Professor Spurr was “collateral damage” as part of that attack.
Professor Spurr was suspended by the University of Sydney on Friday after New Matilda published emails he sent from his university account in which he used inflammatory language including racist terms “Mussies”, “Abos” and “Chinky poos”. He also wrote in a demeaning way about women. LILY YUAN WANG: Spurr a scapegoat
Mr Moses said his client was concerned that his entire university email account had been hacked, which would mean correspondence between students, including discussing medical issues and exams, could have been compromised.
“This is a matter of real concern to the professor,” Mr Moses told the court.
Mr Moses said his client was not asking where the emails came from, at the risk of it turning into a case about “the source”, but rather was asking that the emails be given to the court.
Representing New Matilda, barrister Sandy Dawson told the court it was entirely unclear under which laws Professor Spurr could bring a claim.
He said it was not a valid claim under privacy legislation or under a rarely used tort of breach of confidence.
Mr Dawson said it would be an exception under the law as a matter public interest. “There cannot be any question that this is a serious matter of public interest.”
Judge Michael Wigney said he did not find the argument that the release of emails was part of an attack on the federal government was “entirely relevant.”
Justice Wigney also said Mr Moses’ argument that the case was comparable to release of private sex tapes was “not a comfortable analogy”.
The parties have agreed to the continuation of an order restricting New Matilda from further publication of emails, with a new hearing date to be set this afternoon.
A Sydney University investigation found that none of the recipients of Professor Spurr’s racist emails were academics on its payroll.
The university said it had identified the recipients of Professor Spurr’s emails as published by New Matilda website.
“None are members of the university’s senior executive group and none have senior administrative responsibilities at the university. None of them are currently on the university payroll,’’ a spokeswoman said.
The university’s statement follow claims by New Matilda that recipients of the emails were senior university academics.
