The Federal Court has adjourned for today which means that's where we'll leave our live coverage for now.
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ABC managing director David Anderson gives evidence at Antoinette Lattouf court case
David Anderson leaves court after giving evidence. (AAP: Jane Dempster)
In short:
ABC managing director David Anderson gave evidence on the third day of hearings.
Antoinette Lattouf brought an unlawful termination case against the ABC.
Mr Anderson said there was a "step missing" when Ms Lattouf was removed from presenting on ABC Radio Sydney.
ABC managing director David Anderson says the process surrounding the decision to remove Antoinette Lattouf from her role presenting on ABC Radio Sydney should have been handled differently.
Ms Lattouf was asked not to return part way through a week-long presenting stint in December 2023, referencing a post she had shared on social media from Human Rights Watch about the Israel-Gaza war.
She has since brought an unlawful termination case against the ABC, with her lawyers arguing that decision was made due to her political opinion and racial identity, and that executives were pressured by outside "lobbyists" to remove her.
During the court proceedings on Wednesday, the third day of hearings, Ms Lattouf's lawyer Oshie Figir asked Mr Anderson if he had any regrets about the way the ABC handled the matter.
"I personally believe there was a step missing with regard to this, but it might have had the same ending,"Mr Anderson said.
"You're asking me and I'm answering honestly … I think there's a step in the middle, a discussion with Ms Lattouf and to ensure that they've sought the right advice from employee relations and people and culture as part of that decision."
Mr Fagir continued his questioning.
"Insofar as Ms Lattouf was removed without being heard in her defence that was atypical by the ABC standards," Mr Fagir said.
"It was," Mr Anderson responded.
ABC lawyer argues executives didn't have 'antipathy'
The broadcaster's lawyer Ian Neil SC began his opening remarks on Wednesday morning, telling the Federal Court he would argue senior executives didn't have an "antipathy" to the opinions of Ms Lattouf, as argued by her lawyer.
Lawyers argued the broadcaster was focused on impartiality in Antoinette Lattouf's case. (AAP: Jane Dempster)
Mr Fagir on Monday cited messages and emails between Mr Anderson, former chief content officer Chris Oliver Taylor and former chair Ita Buttrose.
"Her socials are full of antisemitic hatred," Mr Anderson was said to have written in a text message to Mr Oliver-Taylor.
Mr Neil, acting for the ABC, argued the records instead demonstrate executives acted responsibly.
Messages between David Anderson, Ita Buttrose and Chris Oliver-Taylor were revealed in court. (ABC News)
"They show that the fact the focus of each of those people was the perception of partiality to which Ms Lattouf's social media activity had or might reasonably arise, and the management of the risks for the ABC and its statutory obligations of impartiality that that perception might occasion," Mr Neil told the court.
He said he would also argue the records demonstrated the ABC was not influenced by outside pressure, as claimed by Ms Lattouf's team.
"A second thread that runs through the applicant's case theory is that complaints that the ABC received about Ms Lattouf had a determinative influence on the ABC's decision making," Mr Neil said.
"The true chronology, and the contemporaneous documents show that not to be so."
Content executive was decision maker, lawyer will argue
Mr Neil also signalled that he would argue Mr Oliver-Taylor was the decision maker in standing her down, and referenced a number of meetings and correspondence where he sought advice regarding the perception of impartiality.
He then quoted an email sent by former ABC Radio Sydney manager Steve Ahern to a number of executives, including Mr Oliver-Taylor.
"It's important to consider the person's role and the extent to which their personal social media activity can affect the ABCs reputation for impartiality," Mr Neil read.
"Presenting the mornings program on ABC Sydney is a high profile role, but if she's only doing it on a temporary basis for a week, wouldn't be reasonable to expect all of the previous social media activity would necessarily adhere to our guidelines.
"We're not suggesting she's breached those of guidelines, rather making the point the ABC ought to take a reasonable approach based on the fact that she's only in this role right now."
After reviewing Ms Lattouf's social media on Monday night, Mr Neil told the court Mr Oliver-Taylor was said to have messaged Mr Anderson.
"I think this is hugely problematic," Mr Oliver-Taylor said in the message, according to Mr Neil.
"It's a reputational issue, and clearly we need to research anyone as a replacement presenter," Mr Anderson is said to have responded.
"Of course they've done [editorial policies] training, [and in] Justin's note to new staff, the perception people impartiality is as important as their adherence to the policies."
ABC argues focus was on 'reputational damage'
Mr Neil said acting editorial director Simon Melkman reviewed her social media on the Tuesday and advised his colleagues not to take action.
"While it's not the sort of thing I would want a prominent current/ongoing presenter to post … it doesn't strike me as egregious enough to warrant pulling her off air," Mr Melkman is said to have written.
Mr Neil said on Tuesday night that Ms Buttrose had become "agitated" by the issue, and Mr Anderson responded to her.
"Dear Ita, Antoinette will finish up on Friday. It is a managed exit, given the situation. I can explain more tomorrow. I plan to respond to all those who have emailed on Friday afternoon," he said in an email.
Mr Neil argued the discussions about retaining Ms Lattouf until the Friday demonstrated the executives were not hostile or antipathetic to her views, as claimed by her lawyers.
"In any of this, does one see any trace, even a squeak of antipathy on the part of Mr Anderson, Mr Oliver-Taylor, Ms Buttrose, or anyone who looked at the actual content of any opinions that Ms Lattouf might have had," Mr Neil said.
"Their whole focus was on reputational damage to the ABC."
Lattouf allegedly received death threats
Death threats allegedly made to Ms Lattouf after being taken off air were detailed in her written affidavit, published by the Federal Court today.
She said she received threatening phone calls including from a male from a private number who said: "I will find you and end you and shut your antisemitic mouth once and for all."
She said a woman called her in May last year "screaming" and saying: "Go back to Gaza … I wish you and your kids were in a tent in Rafah … watch your back."
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