Optus loses court row with AFL chief

Updated February 28, 2012 16:31:12

Optus has lost a Federal Court case in which it tried to stop AFL chief executive Andrew Demetriou criticising its new mobile television recording service.

The telecommunications company applied to the Federal Court in Sydney for an urgent injunction to stop Demetriou from repeating his criticisms of Optus' TV Now service, which lets users record matches to watch on their computers and smartphones on a short delay.

Justice Richard Edmonds dismissed the application and ordered Optus to pay the AFL's legal costs.

The judge said Demetriou's recent comments that the behaviour of Optus was akin to stealing were not misleading or deceptive, because they were his opinions and did not purport to be a statement of fact.

Demetriou told ABC Local Radio it was a victory for free speech and argued that the league should be able to protect its commercial agreement with Telstra.

"They are not paying for our content and purporting to be the champion of consumers when they're really charging them," he said.

"And they've got a clearly inferior product to Telstra and it's a disgrace, and now that this court case has been put to bed it's a victory for free speech."

Tags: business-economics-and-finance, telecommunications, sport, australian-football-league, australia, vic

First posted February 28, 2012 13:49:24

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Lovett believed sex was consensual, court told

Updated July 13, 2011 09:36:11

A lawyer for former AFL player Andrew Lovett has told his rape trial the alleged victim willingly had sex with him.

The former Essendon player and St Kilda recruit is accused of raping a woman at a Port Melbourne apartment in 2009.

Defence lawyer David Grace told the jury the alleged victim never once indicated she did not want to have sex with Lovett, and was responsive and willing.

The court heard Lovett was shocked when she later collapsed crying and he almost immediately denied raping her to this team-mates, who were at the apartment.

The court was told St Kilda player Jason Gram will testify the complainant told him she thought she was having sex with him and not Lovett.

Lovett has pleaded not guilty to two charges of rape.

Tags: australian-football-league, courts-and-trials, law-crime-and-justice, sport, st-kilda-3182

First posted July 12, 2011 17:06:00

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'I was horrified' Lovett's alleged victim tells court

Court reporter Sarah Farnsworth

Updated July 13, 2011 18:13:35

The woman allegedly raped by former AFL player Andrew Lovett has told the Victorian County Court she was "horrified, drunk and confused" after she woke up to find him having sex with her.

The former Essendon player and St Kilda recruit is on trial for raping the model at the Port Melbourne home of Saints player Jason Gram on Christmas Eve in 2009.

His alleged victim is giving evidence in a closed court to protect her anonymity, but in the interest of open justice media were provided transcripts of the proceedings.

Testifying from a remote location via video link, she told the jury she and her friend met Lovett, Jason Gram and St Kilda skipper Nick Reiwoldt at a Richmond Pub.

She said she "practically never" drank, but that night consumed four vodka and soda's and two shots, and had been "obviously affected by alcohol".

Admitting her memory was patchy, she told the court she could not remember the cab ride to Gram's Port Melbourne apartment, but recalled being put to bed to sober up by Gram and her friend.

Prosecutor Michael Tovey QC told the court Gram will testify he stayed in the room with her for a time, something she does not remember.

She recalled her friend trying to wake her, but said she could not move and drifted back to sleep.

"Then I remember feeling someone on top of me, and I thought I was dreaming it, or imagining it, [because] I was so in and out," she testified.

"Then, I remember realising that someone was having sex, and I scrambled away, and said no, grabbed my phone, and I texted for help."

She told the court she clearly saw Andrew Lovett's face, and he did not stop having sex with her after she said "no" and squirmed away.

The court heard the woman then fled to the bathroom and remembers Lovett asking her if she was okay.

She was later found collapsed by the entrance to the apartment.

"I remember seeing a door and I was confused and scared and I just fell on the ground into a heap and started crying my eyes out," she said.

She then ran from the building.

"I was in absolute shock, and horrified, and still drunk and confused," she testified.

Under cross-examination she was asked by Lovett's defence lawyer, David Grace QC, if she had dressed up that night to make herself look attractive.

"I always take pride in the way I look, so yes," she replied.

She said she did not go out purposely to meet men, and had not known Reiwoldt, Gram and Lovett were footballers at the time.

Lovett has pleaded not guilty to two counts of rape.

The trial continues.

Tags: sexual-offences, law-crime-and-justice, crime, australian-football-league, st-kilda-3182, melbourne-3000, vic

First posted July 13, 2011 16:40:43

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Court dismisses Fevola charges

Posted May 25, 2011 11:29:00

A Brisbane Magistrate has dismissed charges against former AFL star Brendan Fevola.

The former Brisbane Lions forward was charged with public nuisance and obstructing police after he was arrested on New Year's Day.

Fevola took part in mediation sessions with police in a bid to avoid the charges.

He also paid $2,000 to a children's charity.

Magistrate Brian Hine dismissed the charges this morning after police offered no evidence.

Fevola's lawyer Jim Coburn says his client is pleased to put the matter behind him.

"He's going well. He sounds on top of things," he said.

"I haven't really asked him how he's settling back into Melbourne, but he seems to be upbeat and positive."

Tags: sport, australian-football-league, australia, qld, brisbane-4000, vic, melbourne-3000

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