There are no real winners from Amber Harrison's
high cost, high stakes, circus-like legal battle with the powerful Seven
Network.
While Ms Harrison is no unblemished innocent
party in this saga, the former executive assistant limps away potentially financially broken and perhaps unemployable at least in
the short term.
Here's my report on the ruling broadcast on the ABC's PM program
Justice John Sackar may have ruled in Seven's favour ordering Ms Harrison to pay their costs but will Seven risk the public
perception of pushing of a confused single foster mother into bankruptcy in the face
of paying Seven's legal bills?
Despite playing a hard and at times brutal
game, the ABC understands that given the reputational damage already inflicted
by the case, Seven is unlikely to pursue costs against Ms Harrison now having
won the legal argument.
The challenge for Ms Harrison's ex lover, Seven
West Media chief executive Tim Worner, is to move on from the scandal to recast
Seven's image as a caring and compassionate media company with respect for
women at all levels.
But as Justice Sackar observed in his ruling,
there is no dispute that Ms Harrison brought much of the pain upon herself
after breaching the terms of confidentiality agreements in return for payments
of around $400,000 which prompted Seven to seek gag orders earlier this year.
At the same time Tim Worner - whose affair with
Ms Harrison was consensual - is rebuilding a shattered reputation and remains
on Seven's payroll despite calls for his sacking or resignation amid questions
about his judgement.
Some company boards or government agencies may
well have sacked or sidelined Mr Worner but he survives mainly thanks to the
steadfast backing of Seven chairman Kerry Stokes who clearly regards him as a flawed prodigal son.
Seven West shareholders also have cause for
concern about Mr Worner's judgement given the direction of Seven West's share
price which had fallen to 79 cents from around $1.18 a year ago.
While
the Amber Harrison affair is only a small factor in the share price
demise, the unwanted headlines and uncertainty about Seven's direction
have been the top agenda items for the Seven West board.
Despite
the sensitivity, the former Victorian premier Jeff Kennett, a Seven West non executive director, engaged in a heavy-handed stoush with Ms Harrison on Twitter earlier this year after an interim injunction was granted against Ms Harrison.
Mr
Kennett said he was not speaking on behalf of Kerry Stokes or the Seven West
board but his aggressive commentary the next morning on the ABC's AM program
came hours before a Seven West Media results briefing where Kerry Stokes came under heavy questioning for his handling of the Amber Harrison matter.
Mr
Kennett's abrasive style in slapping down a fragile Ms Harrison also attracted
criticism given his role at the time as chairman of the depression initiative
Beyond Blue.
All
of the above is evidence that Seven needed to shut Ms Harrison down as the
damaging case dragged on in the NSW Supreme Court and briefly in the Federal
Court when star barrister Julian Burnside QC was enlisted to defend Ms Harrison.
Evidence
was tendered to the NSW Supreme Court that Ms Harrison continued to brief
journalists despite the confidentiality agreement and released highly sensitive
documents unrelated to her affair with Tim Worner after a 2014 raid by the Australian Federal Police over alleged payments to
convicted drug trafficker Schapelle Corby.
Seven’s strategy and tactics led by the network's hardplaying commercial director Bruce McWilliam have been brutal in
exposing Ms Harrison's pursuit of revenge against Mr Worner.
Subpoenaed emails from Ms Harrison included threats to "take the nuclear option" and expressing emotion charged comments that she wanted to kill him.
Seven's
payout to Ms Harrison and her decision to break confidentiality agreements has clearly infuriated Seven hence the warlike response to bring Ms
Harrison into line.
But
given Ms Harrison's decision to release her lawyers and walk away from the
case, should Seven have done the same and called off the legal dogs?
The
demolition of Amber Harrison - once again, who brought this action upon herself
- comes as other parts of corporate Australia assess their policies especially
after two senior managers at the AFL were stood down late last week for
inappropriate relationships with young female colleagues.
Tim
Worner has already apologised but he need to put his words into action to
ensure that his mistakes are not repeated and that similar errors will not be
tolerated at Seven.
As
Australian Financial Review senior writer Aaron Patrick told me: "Kerry Stokes
will not want Seven West Media and the Seven Network dragged through the mud
again."
"I
think they will not want any of their executives sleeping with secretaries ever
again."
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