The ABC has apologised and settled a defamation case with former Karuah Local Aboriginal Land Council chief executive Len Roberts, following the broadcast of allegations relating to the family of Eddie Obeid and a Hawks Nest land sale.
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The claims were contained in an episode of Four Corners, titled Obeid Inc, that aired in November 2021.
Obeid, a former Labor minister, was jailed in October 2021 for conspiring over a mining tender that brought in a $30 million windfall for his family.
Despite this conviction, the Obeids still secretly backed a string of property developments along the Australian east coast, including a $100 million apartment complex in Hawks Nest, the ABC alleged.
Journalist Angus Grigg, who was a co-defendant in the action against the ABC, interviewed Mr Roberts about his role in facilitating the Hawks Nest development for Four Corners.
Mr Roberts' Statement of Claim filed in September 2022 said he was defamed by the broadcasts, which implied he acted corruptly in assisting with the deal.
This alleged corruption included selling the land for $1.5 million, a fraction of its true value, as chief executive of the Karuah Local Aboriginal Land Council, writing a report as consulting archaeologist saying the land had no cultural value to Indigenous Australians, and then voting twice to approve the development as a councillor of MidCoast Council.
Further allegedly defamatory imputations included that Mr Roberts took a bribe from the Obeids, that he misused his position and breached his duties, and that he claimed there was no opposition to the sale of the land.
In an apology issued on Tuesday, the ABC said it did not intend to suggest that Mr Roberts was working or co-operating with the Obeids, or that Mr Roberts behaved in any way inappropriately in his roles as a former councillor and former chief executive of the Karuah Aboriginal Land Council.
"If the program did inadvertently make those allegations about Mr Roberts the ABC unreservedly withdraws them. The ABC apologises to Mr Roberts for any hurt or embarrassment caused by the publications," the apology said.
Details of the financial settlement are confidential, however, similar cases in recent years have resulted in substantial payouts.
In the 2021 defamation case Chau v ABC, the Federal Court awarded damages of $590,000.
An ABC spokeswoman said the proceedings brought by Mr Roberts had been resolved to both parties' satisfaction on confidential terms, including discontinuance of the proceedings and an agreed statement on the ABC corrections and clarifications webpage.
Mr Roberts said he was pleased the matter had been finalised.
"It's good to know that I have been exonerated and it's good to know that the ABC has apologised. It clearly shows that I have done nothing wrong," he said.
Tea Gardens resident Gordon Grainger said not only had the Four Corners episode negatively impacted many in the small community, but he believed it had cost Mr Roberts his position on the MidCoast Council at the 2021 local government elections.
"We no longer have local representation on the council, which is a great shame" he said.
"I was asked to comment about retirement in the area, but that part wasn't played at all. They made me look like I was in cahoots with an illegal land sale to the Obeids, which was totally incorrect.
"It's my understanding that Len Roberts was acting on behalf of the land council and the land was sold in 2016 at the market price and in accordance with statutory processes."
Hunter-based National Party Senator Ross Cadell, who is a member of the Environment and Communications Committee, which has oversight of the ABC, said he would be asking questions about the case in the Senate and Budget Estimates.
"The fact that the ABC is continually paying out for the actions of its journalists means we need to have a good look at the editorial standards to ensure they are abiding by their guidelines," he said.
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Matthew Kelly
Matthew Kelly has worked as a journalist for more than 25 years. He has been working as a general reporter at the Newcastle Herald since 2018. In recent years he has reported on subjects including environment, energy, water security, manufacturing and higher education. He has previously covered issues including the health and environmental impacts of uncovered coal wagons in the Hunter Valley, the pollution of legacy of former industrial sites and freedom of information issues.
Matthew Kelly has worked as a journalist for more than 25 years. He has been working as a general reporter at the Newcastle Herald since 2018. In recent years he has reported on subjects including environment, energy, water security, manufacturing and higher education. He has previously covered issues including the health and environmental impacts of uncovered coal wagons in the Hunter Valley, the pollution of legacy of former industrial sites and freedom of information issues.
