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City councillor’s defamation warnings over ‘misogyny’ allegations

Adelaide City councillor Henry Davis has issued legal notices for defamation to two other councillors over comments made at last week’s council meeting.

Jul 17, 2024, updated Jul 17, 2024
Photo: Tony Lewis/InDaily

Photo: Tony Lewis/InDaily

Davis, a lawyer, issued concerns notices to councillors Janet Giles and Phillip Martin stating they had defamed him at the meeting on July 9.

The documents, seen by InDaily, said statements Giles and Martin made in the council meeting “constitute an allegation of misogyny”.

Giles’ statement in the meeting concerned an Instagram video that Davis published, criticising the council’s committee structure and payments to committee chairs.

As a committee chair, Giles rebutted Davis’ claims about remuneration and went on to say that in her opinion Davis had shown a “pattern of behaviour”.

Giles said she believed behaviour that “seems to be disruptive, disrespectful…” could discourage other women from running for office.

Davis told InDaily last Friday that, in his opinion, the allegations were a “political hit” that would not stop him from raising serious issues.

The concern notices issued to both Martin and Giles said these “defamatory statements have caused, and are likely to continue to cause, distress and serious reputational harm to our client [Davis].”

In the notice issued to Giles, it said her statements were defamatory because they convey that Davis’ behaviour “relate not to your actions but to your gender; and that our client’s actions are motivated by a desire to silence, intimidate, and undermine women in his working relationships”.

Giles declined to comment when contacted by InDaily.

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Councillor Martin’s comments in last week’s council meeting also questioned Davis’ social media activity and alleged “there is a pattern here and it is a pattern that is unacceptable”.

The notice issued to Martin additionally references complaints made against him in the previous council term by councillor Mary Couros and former Lord Mayor Sandy Verschoor.

These complaints were investigated by law firm Kelledy Jones in August 2021 finding that while Martin’s comments were “disrespectful”, they did not constitute bullying or harassing behaviour.

The document also referenced that Martin was named as one of the key individuals who perpetrated a toxic culture at Town Hall in a report conducted in 2021 by law firm EMA legal.

Martin told InDaily he has received the concerns notice and is considering his response.

The notices request Giles and Martin both offer an apology and retract their comments at the next council meeting on July 23.

Davis himself has received two concerns notices for defamation issued by Lord Mayor Jane Lomax-Smith’s lawyers during this council term so far. He said last month that he would not apologise or issue a retraction to Lomax-Smith concerning that matter.

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