Mamdouh Habib Wins- Verdict Against Nationwide News

Mamdoub Habib's journey to Pakistan has been of interest. As a result he spent time in custody in Pakistan, Egypt, Afghaninstan and the Guatanamo Bay prison camp. Ultimately he was released, arrived back in Australia and eventually sued Nationwide News aided by the skilful Clive Evatt. He sued in defamation saying Nationwide News had wrongly said his claims were false. Nationwide News sought to justify and relied on 4 matters. Habib's counsel objected to the putting into evidence statements said to be made by him on the ground that they were the product of illegal pressure. McLellan CJ at CL found there were circumstances of pressure but they were not proved to be connected to the statements , admitted them into evidence and found for Nationwide News. On 16 March 2010 the NSW Court of Appeal not unexpectedly found that where there were circumstances of pressure the statements were not admissable and gave Mamdouh Habib a verdict on 2 of his claims. The matter was remitted to the trial court for the assessment of damages. There is a cap on damages in NSW so they will not be astronomical but the amount and the circumstances will be a great interest. At issue will be the reputation of Habib and how much injury was done to it. The Court of Appeal result seem not to have been widely reported. Is it defamatory to say that one one wonders why ?