Nicky Winmar to take legal action against Newman, Scott and Sheahan

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"I haven't got any black friends, in fact I've never even met an aboriginal I do think we should give them more land ,just not my inner Melbourne. I study dreamtime at school. I hate racists"

 

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What is the legal action going to achieve? I dont know what the grounds for legal action here. Seems an extremely long bow to be able to claim defamation here. Then if you are looking to claim damages you've got to have grounds for its negative impact on you.

I dont think this will hold up as defamation.
 
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Winmar would have to prove two things

1. That it was in fact about race (this will be extremely difficult since it's a thought - only evidence would be people who he told directly close to the time of the incident - not 10-20 years later)
2. Financial consequences or loss of income - he would have to prove that as a direct result of their opinion he has lost income opportunities that he already held or was likely to hold.

Both are extremely unlikely to be proven hence this is nothing more than a media stunt. Yes racism definitely existed back in those days with the crowds - we are in a better place now thankfully.
 
Someone commented very early about the possibility of Winmar being used. What if it’s the photographer trying to protect his legacy as taker of an iconic photograph who has encouraged Winmar to put his name to the legal move? Wouldn’t be surprised if there is some history between competing newspapers, or even individual journalists, at play.
 
I remember the day vividly. Nicky was my favourite footballer. I was in the cheersquad. The talk was ALL about race - straight after the incident, even. And the next day, the Collingwood President said in the paper that if Aboriginal people wanted respect, they needed to act like White Australians. That's entirely about race.
 
Yes.

A lot has been said by the fellows and others as to what Nicky may or may not have meant. Would like like to hear some direct quotes from the man himself?:



Nicky Winmar’s gesture 25 years on

So naysayers, there it is - was referring to the colour of his skin, not “heart” or “guts”

Here’s a couple of vids I found including McAdam speaking of that day. Vic Park would have been a stink hole to play at.



 

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What is the legal action going to achieve? I dont know what the grounds for legal action here. Seems an extremely long bow to be able to claim defamation here. Then if you are looking to claim damages you've got to have grounds for its negative impact on you.

I dont think this will hold up as defamation.

I'd wager they'll want an apology.
 
What is he actually suing for?
I didn't hear it but its not illegal to express an opinion about something is it?
It can be if you are attributing a motive to an action which is untrue and as a result casts the person doing the action in a less favourable light. But I think all they can get from legal action is a retraction from Newman and the others I doubt $ will be paid (just my 2c)
 
I remember the day vividly. Nicky was my favourite footballer. I was in the cheersquad. The talk was ALL about race - straight after the incident, even. And the next day, the Collingwood President said in the paper that if Aboriginal people wanted respect, they needed to act like White Australians. That's entirely about race.
Hence why it was interesting the Sunday Herald Sun the next day tried to present a different narrative.
What would motivate them to do that?
 
Am I reading this right?
Three white guys question what happened in this incident of 27 years ago.
Two more white guys threaten to sue. One’s the Manager and the other’s the Photographer.
Something just ain’t right here.
It’s all old white guys with vested interests spluttering away..
 
If you have a think of the incident from a realistic standpoint.

A 27 year old (at the time) footy player has just copped abuse from opposition supporters all day long. After becoming victorious he pulls up his shirt, points to his chest to say “I have more guts than you” or “I have more heart than you”???

1. Football players aren’t poetic enough to deliver such a soliloquy at the end of a football game.

2. Looking at the photo he’s pointing too low on his chest to say he’s pointing at his heart.

3. He’s also pointing too high to say he’s referring to his guts. As well I’d say if you are referring to your guts you would grab your stomach not point at it.

4. If he was referring to heart or guts he could have done that without lifting his shirt. By lifting his shirt he was specifically wanting the opposition supporters to see what was under his shirt, his skin colour.

5. Did he say quietly to others it wasn't about race? It’s explainable if he did. As the Collingwood President’s comments the day after showed racial equality still wasn’t completely accepted in the early 90’s.
He could have received comments like “Nicky, your gesture wasn't about race right? You’re one of the“good ones” right?” To which Winmar could’ve just said yes to keep the peace and not start an argument with VFL/AFL deal makers at the time who could’ve affected his career and post career.

6. Can what Sam, Mike and Don said be defamatory? Maybe it’s too early to see, but if Nicky’s lawyers could prove damage to his character has been established then it could be a possibility. I would say his going to lawyers is more an attempt to get the 3 amigos to give a public retraction and apology rather than sue them for money.
 

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Nicky Winmar to take legal action against Newman, Scott and Sheahan

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