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The Guardian - AU
The Guardian - AU
National
Paul Karp

Christian Porter doesn’t rule out plans for supporter to pay defamation case legal bills

Christian Porter
Christian Porter says the ABC is the only side receiving taxpayer funding for the defamation case. Photograph: Mick Tsikas/AAP

Christian Porter repeatedly declined to rule out plans for a supporter to pick up the bill for his defamation case, and signalled he may seek re-election.

At a doorstop interview in Canberra, the former attorney general and now industry and science minister committed that he will make disclosures on his register of interests if and when the need arises.

Earlier, Porter told Sky News that the ABC is the only side receiving taxpayer funding for the defamation case and revealed he had offers of donations, but said he is not crowdfunding the case.

Porter is suing the ABC and investigative journalist Louise Milligan over an online article that alleged a cabinet minister had been accused of rape in January 1988 in a dossier sent to Scott Morrison and three other parliamentarians. Porter strenuously denies the allegation.

Mystery surrounds how Porter is paying for the case, which is expected to cost millions of dollars with a trial of up to six weeks and counsel including Bret Walker, who can command fees above $20,000 a day.

Porter is already engaged in lengthy preliminary battles about whether he can be represented by Sue Chrysanthou, after a friend of his accuser sought to have her removed from the case.

In March, a spokesman for Porter declined to answer questions from Guardian Australia about whether he is receiving any financial support for the case and Porter similarly deflected questions from news.com.au in May about whether he has a millionaire benefactor.

On Wednesday Porter told Sky News he is “absolutely committed” to the government and it has “never occurred to me to not be a part of that going on because I think I have something to offer as part of that government”.

“I’m completely committed to my electorate – I am completely committed to the government,” he said, without directly confirming he will seek re-election.

Porter said his electorate had been “remarkable” in his support for him, and that had “played into my thinking”.

Porter said “nobody knows” the cost of the litigation but accepted it would place a “massive personal financial drain on me and my resources” which he said he was “completely committed” to.

“I’m doing what I need to do to pay for the litigation and that will be a massive drain on me. If at any point in time anything arises that requires me to make disclosures … of course I’ll do that.”

According to the rules, parliamentarians are required to declare “liabilities” and “any other interests where a conflict of interest with a member’s public duties could foreseeably arise or be seen to arise”.

In March the deputy clerk Peter Banson told Guardian Australia it is not clear members are required “to declare a liability which doesn’t [yet] exist” such as future legal bills.

A member may be required to register legal fees paid on their behalf as a gift “but only once it has been received or realised”, he said.

Asked at the doorstop if he had an understanding someone will pay his legal bills, Porter replied “if there’s anything that requires disclosure … I’ll be doing that as and when the need arises”.

Porter was asked a further two times and repeated the same formulation. “What I would do is disclose all the things I need to disclose … at the appropriate time.”

Asked if the reason he had not already disclosed an understanding to pay his legal bills was because no such understanding exists or he considers it is not something that needs be declared yet, Porter replied: “My answer to you is the same … What I may declare in the future will be things that are required to be declared.”

Porter then ended the doorstop.

Earlier, Porter told Sky News “the ABC is obviously the only side in this litigation that is taxpayer-funded”, urging them to make the case expeditiously.

“If you believe you’ve been defamed you’ve got the right to take litigation … And it comes at a great cost, financial, personal, but if you think that’s what you’ve got to do to clear your name – that’s what you do.”

Porter said he had received “lever-arch folder after lever-arch folder” of “messages of support, of empathy” including some unsolicited offers of money.

“I’m not at the point that I’m crowdfunding … that some people have done, quite properly, if that’s what they want to do to fund litigation. I’m not at that point … I haven’t taken people up on those emails.”

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