Gayle demands more money in defamation lawsuit against Australian media house

By Sports Desk February 13, 2019
West Indies batsman Chris Gayle. West Indies batsman Chris Gayle.

Windies star batsman Chris Gayle has appealed against what has been deemed inadequate compensation, in a case against Australia Media entity Fairfax Media that was decided in his favour a little over a year ago.

In the much-publicized case, the 39-year-old batsman took the media house to court following its publication of sexual misconduct allegations levelled against him by former West Indies massage therapist Leanne Russell. 

Russell had claimed Gayle intentionally exposed his penis to her, while on a visit to the team locker room while making an indecent proposition.  Her version of events was printed by multiple tabloids.

The court, however, ruled that the publishers failed to establish a defence of truth regarding the allegations at the heart of the case.  In a judgment made in December last year, Justice Lucy McCallum awarded Gayle a total of $325,112 for the stories, including interest. The amount did not include Aggravated damages and fell at the lower end of the statutory cap on such rulings.

Fairfax, who has since launched an appeal, has since sought to delay the payment.  In filing a counter-appeal late last month, however, Gayle’s legal team has argued that the damages awarded were "manifestly inadequate" and Justice McCallum "erred in failing to award aggravated damages".

 In the original ruling, the jury had found that the publisher acted with malice, meaning the articles were published for an improper purpose.

Related items

  • 'Number 40 comes up a lot in the bible' - Sammy believes 40-year drought could be clue Windies about to lift World Cup 'Number 40 comes up a lot in the bible' - Sammy believes 40-year drought could be clue Windies about to lift World Cup

    Former Windies skipper Darren Sammy believes the regional team will be crowned ICC World Cup champions but has a particularly interesting reason for coming to that conclusion.

    The 12th edition of the tournament will mark 40 years since the West Indies won the tournament in 1979.  However, far from those days and despite a strong showing against the world number one-ranked team England recently, the Caribbean unit, who struggled to make the tournament in the first place, will not be most experts pick to win it all.

    Sammy, the former T20 World Cup champion believes different forces could be at play.  Despite the fact that team will be one of the lowest ranked heading into the tournament, Sammy believes the number 40 could hold a charm for the team, based on its religious and symbolic significance.

     The tournament will also be the last for the arguably the region’s biggest star, Chris Gayle, who is expected to retire following the tournament and the motivation could be high to give him a proper send off.

    “West Indies will win the World Cup. With Chris Gayle retiring, the ‘Universe Boss’ will want to leave with a bang. I just have a strong feeling. It’s been 40 years since we last won the World Cup. I’m a biblical man and the number 40 comes up a lot in the bible… I think it’s our time to rise up,” Sammy was quoted as saying by metro.co.uk.

  • Sarfraz: Pakistan must improve in the field Sarfraz: Pakistan must improve in the field

    Pakistan captain Sarfraz Ahmed delivered mixed news on the injury front and acknowledged his side need to improve their fielding after they were beaten by three wickets at Trent Bridge to lose their ODI series against England.

    Having lost with respective totals of 361 and 358 at Southampton and Bristol respectively, Pakistan failed to defend a score of 340-7 on Friday, despite a significant wobble from their hosts in reply.

    Ben Stokes' unbeaten 71 proved crucial for England after Jason Roy, who was dropped twice, scored 114 amid some lacklustre work in the field.

    In the post-match presentation, Sarfraz lamented Pakistan's mistakes and provided updates on the fitness of Imam-ul-Haq and Mohammad Amir.

    "If we were fielding well and took catches, we had enough runs on the board," said the wicketkeeper-batsman.

    "We've been working very hard for the last one and a half years and it was very improved, but the way we've fielded here in three matches is not up to the mark. We have to improve."

    Imam was forced to retire hurt after being struck on the elbow by a delivery from Mark Wood, but the opener was cleared of a fracture following X-rays and returned late in Pakistan's innings.

    Paceman Amir, meanwhile, has yet to feature in the series due to illness and it is unclear when he will be able to return, with Pakistan's Cricket World Cup opener just a fortnight away.

    "Imam hopefully will be ok," said Sarfraz. "He's got a bruise on his elbow so hopefully he will come back, but I'm not sure about Amir."

    Roy revealed his impressive innings had come as something of a surprise after he spent the night in hospital with his daughter.

    He told the BBC's Test Match Special: "I'm not in the form of my life. It was not my most fluent of innings but it was an extremely special feeling to get over three figures. I didn't see it coming.

    "I had a bit of a rough morning so this one is a special one for me and my family.

    "It was my little one. We had to take her to hospital at 1:30 in the morning. I stayed there until 8:30 and came back for a couple of hours sleep and got to the ground just before the warm-up and cracked on. It was a very emotional hundred."

  • Stokes guides England to series win after Babar and Roy hundreds Stokes guides England to series win after Babar and Roy hundreds

    Ben Stokes and Tom Curran rode to England's rescue as they overcame a major wobble with the bat to beat Pakistan by three wickets at Trent Bridge and open up an unassailable 3-0 lead in the five-match ODI series.

    The much-changed hosts - led by Jos Buttler with Eoin Morgan suspended - were initially cruising in pursuit of 341, reaching 201-1 inside 28 overs on the back of Jason Roy's 89-ball 114.

    Roy's dismissal at the hands of Mohammad Hasnain triggered an alarming and unexpected collapse that saw England lose four wickets for 15 runs in 17 deliveries.

    The required run-rate rose above nine per over thereafter but Stokes (71 not out) shared a crucial seventh-wicket partnership of 61 with Curran, who followed up figures of 4-75 with 31 runs, before sealing victory in the company of Adil Rashid with three balls unused as Pakistan were left to rue a series of sloppy errors in the field.

    For the third match in succession, a Pakistan century proved in vain, Babar Azam striking 115 from 112 balls in a losing cause.

    Pakistan's total of 340-7 represented their lowest score of the series so far and looked short of par at a venue synonymous with high-scoring feats in recent years, most notably when England registered a world-record tally of 481-6 against Australia last June.

    The tourists were dealt a blow early in their innings when Imam-ul-Haq was struck on his left elbow by a Mark Wood short ball and forced to retire hurt. Happily, X-rays showed the opener had avoided a fracture and he returned at the end of his side's innings to finish six not out.

    Babar, brought to the crease in the fourth over due to Imam's injury, produced some typically thrilling strokes as he shared in century stands with Fakhar Zaman (57) and the recalled Mohammad Hafeez, who made a somewhat streaky 59.

    However, none of that trio were able to accelerate effectively and Shoaib Malik's 26-ball 41 appeared too little, too late as England kept their opponents in check.

    Roy rode his luck in reply and would have been run out for seven had Babar managed a direct hit. The opener also offered chances on 25 and 33 and made Pakistan pay for their missed opportunities, kicking on superbly after James Vince had been bowled by Hasnain for 43.

    A stunning six over cover off Hafeez brought up Roy's hundred, before he, Joe Root (36), Buttler (0) and Moeen Ali (0) all departed in quick succession to breathe fresh life into the contest.

    Junaid Khan then pulled off a superb catch off his own bowling to account for Joe Denly (17), but Pakistan's fielding was hugely unimpressive on the whole and they seemingly failed to appeal when Curran may have been run out for seven.

    With Pakistan looking increasingly ragged, England gradually regained control and Stokes fittingly hit the winning run to round off an encouraging individual display ahead of the Cricket World Cup on home soil.

© 2018 SportsMaxTV All Rights Reserved.