On Monday, Sydney barrister Gina Edwards launched her defamation hearing against Nine Network over reports she claimed openly lied about her attempts to retrieve Oscar as his legal owner.
In the Federal Court, barrister Sue Chrysanthou SC said Ms Edwards was well regarded in professional circles before the ACA reports in May and July 2021, particularly because of her volunteering and work in criminal law.
This reputation was damaged, however, by Nine's defamatory reports which claimed she stole the prize pooch and improperly delayed court proceedings so she could retain ownership of the animal.
"The reports the subject of these proceedings don't even fall within the category of journalism. It would be kind to describe them as gutter journalism," Ms Chrysanthou told Justice Michael Wigney.
"It was a six-month campaign of what can only be described as harassment against my client where they pursued her at her home, at her work, at court and in her local park."
After former friend Mark Gillespie purchased Oscar in 2016, he agreed to joint care of the dog with Ms Edwards and her husband Kenneth Flavell, the court heard.
Before falling out, the trio sent thousands of texts between them discussing Oscar as his one mummy and two daddies, Justice Wigney heard.
"They were friends co-parenting, discussing (Oscar's) daily conduct ad nauseum, what he was eating, what he was doing, cute photos," Ms Chrysanthou said.
Claims by ACA that Ms Edwards was merely a dog-sitter were outright lies, the barrister argued.
Trouble emerged when Mr Gillespie's relatives in the NSW Southern Highlands asked to also take care of Oscar in May 2018. While Ms Edwards and her husband were initially allowed to take Oscar home for select periods, this stopped in November that year.
Obtaining legal advice she had the right to take Oscar, Mrs Edwards used deception to retrieve him from the "intermeddlers," the court heard.
"If someone kidnapped my children, I sure as hell would lie to get them back," Ms Chrysanthou said.
The NSW Supreme Court was tasked to resolve the issue of Oscar's ownership through a civil lawsuit brought by Mrs Edwards. Although Mr Gillespie's relatives contacted the police, they were told the cops were not "dog collection officers".
In May 2021, Mr Gillespie allegedly stalked Mr Flavell from his work to his home. A few days later, Nine reporter Steve Marshall and Mr Gillespie were alleged to have "ambushed" Mrs Edwards in a Kirribilli park in a "despicable act", and then lied to ACA viewers about the "coincidence" of the three meeting like this.
"Mark gave no hint about the drama that was about to unfold. Mr Marshall didn't need a hint. He organised it. Just lie after lie after lie," Ms Chrysanthou said.
Despite eventually settling the custody dispute, Mr Gillespie leaked information to Nine and used the media to improperly pressure Ms Edwards, the judge heard.
The stories allegedly generated hundreds of "despicable and disturbing and offensive and harassing and bullying" comments on ACA's social media pages.
A parade of witnesses spoke of the impact the broadcasts had on Ms Edwards.
Barrister Brendan Searson said his colleague was "embarrassed and upset" while Alex Sosnov, head of HR at Metlife, said her friend was scared to go outside or take Oscar for a walk.
Another friend, Susan Greeves said her golfing acquaintances thought Ms Edwards was a "lunatic" after watching the broadcasts..
At Oscar's birthday party in July this year, doggy guests wore T-shirts saying "Channel Nine ate my homework," she said.
Another barrister Mark Maconachie, who tutored Ms Edwards, said Ground Floor Wentworth Chambers saw her as "potentially a threat", removing her online profile after a visit by Marshall.
In June 2021, she asked Mr Maconachie for help drafting a letter to Nine asking for the reports to be removed.
"It's ruining my life, it's ruining my practice, it makes me look like a crazy dog thief, and none of it's true and it shouldn't be published," she allegedly said at the time.
The hearing continues on Tuesday.
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