Windies star batsman Chris Gayle has appealed against what has been deemed inadequate compensation, in a case against Australia Media entity Fairfax Media that was decided in his favour a little over a year ago.
In the much-publicized case, the 39-year-old batsman took the media house to court following its publication of sexual misconduct allegations levelled against him by former West Indies massage therapist Leanne Russell.
Russell had claimed Gayle intentionally exposed his penis to her, while on a visit to the team locker room while making an indecent proposition. Her version of events was printed by multiple tabloids.
The court, however, ruled that the publishers failed to establish a defence of truth regarding the allegations at the heart of the case. In a judgment made in December last year, Justice Lucy McCallum awarded Gayle a total of $325,112 for the stories, including interest. The amount did not include Aggravated damages and fell at the lower end of the statutory cap on such rulings.
Fairfax, who has since launched an appeal, has since sought to delay the payment. In filing a counter-appeal late last month, however, Gayle’s legal team has argued that the damages awarded were “manifestly inadequate” and Justice McCallum “erred in failing to award aggravated damages”.
In the original ruling, the jury had found that the publisher acted with malice, meaning the articles were published for an improper purpose.