SCHEDULE 2
1. On 18 July 2006 the plaintiff quit the Labor Party (line 9);
2. New South Wales Premier Morris Iemma asked the plaintiff to resign from the Labor Party (lines 44 - 45);
3. The request by the Premier for the resignation came almost immediately after the revelation in the Daily Telegraph of the plaintiff's statement in his book that he loved Stephen Jamieson (a killer of Janine Balding) and other contents of the Book in which the plaintiff expressed very strong support for, empathy with and/or sympathy for the Killers (this fact is partly implied and/or indicated by the subject matter and/or substratum to which this fact relates, the Book, referred to in lines 4 - 11; and is substantially expressed in lines 6 - 11, 35 - 36 and 47);
4. the Labor Party asked the plaintiff to apologise to Janine Balding's family (line 12);
5. the plaintiff refused a request from the Labor Party to apologise to Janine Balding's family (line 12);
6. on 18 July 2007, the plaintiff confirmed his resignation from the Labor Party and his departure from politics in 2008 (lines 28 - 29);
7. the plaintiff:
(a) refused to apologise to Janine Balding's mother, Beverly Balding (line 30); and
(b) accused Beverly Balding for "going troppo" when he campaigned for the Killers (lines 30 - 31);
8. in the Book, the plaintiff states that Stephen Jamieson is innocent (lines 35 - 36);
9. in the Book, the plaintiff says he loves B and Stephen Jamieson (line 47);
10. in the Book, the plaintiff pleads for the release of two convicted criminals (lines 74 - 76);
11. Morris Iemma telephoned Beverly Balding to apologise for the plaintiff's comments (lines 51 - 53);
12. the plaintiff authored the entire contents of the Book (the subject matter of this fact is the Book referred to throughout the first matter complained of); and
13. the abduction, rape and murder of Janine Balding was one of the most disgusting, vicious, and cruel crimes in recent New South Wales history (this is a matter of contemporary history, the plaintiff also relies upon the facts set out in Schedule 3, (c) - 21).
SCHEDULE 3
1. The plaintiff is a New South Wales parliamentarian (line 3);
2. the plaintiff had an interest in the fate of young men who have committed violent sexual offences (lines 3 - 4);
3. the plaintiff visited men in gaol who have committed sexual offences and talks to the men about their crimes (lines 5 - 6);
4. the plaintiff liked to visit men in gaol who have committed sexual offences and talk to them about their crimes (lines 5 - 6);
5. the plaintiff has released the Book of which he authored the entire contents (expressed in lines 5 - 6; and relating to a subject matter indicated in the third matter complained of, that subject matter being the Book);
6. in the Book, the plaintiff declares his love for men who have committed sexual offences (lines 5 - 6);
7. the plaintiff thought the men who have committed sexual offences are nice blokes (lines 7 - 8);
8. in the Book, the plaintiff declares his love for a killer of Janine Balding (lines 9 - 10 and 78 - 79);
9. one of the killers is B (lines 10 - 11);
10. when B was a child:
(a) he broke the neck of a crimson rosella and left it dead on the balcony of his family's home (lines 12 - 13);
(b) his mother tried to put him in youth detention (lines 13 - 14);
(c) he, with another youth, hit a boy in the back of his head with a sledgehammer (lines 16 - 19);
11. in September 1988, five people including B, Stephen Jamieson and Matthew Elliott caught a train to Sutherland station (the group) (lines 22 - 28 and line 37);
12. when they got off the train, some members of the group saw Janine Balding and asked her for a cigarette (lines 37 - 38);
13. members of the group showed Janine Balding a knife and forced her into the back seat of her 1979 blue-green Gemini (lines 39 - 40);
14. the group travelled in the car with Janine Balding towards the F4 freeway (lines 39 - 40);
15. in the car, Stephen Jamieson put the Gag onto Janine Balding's mouth (lines 41 - 42);
16. Matthew Elliott and another man made Janine Balding perform oral sex on them (lines 42 - 44);
17. the driver of the car pulled off the F4 freeway at Minchinbury (lines 50 - 51);
18. one or more members of the group pulled Janine Balding out of the Gemini and put her on the grass (lines 51 - 52);
19. some members of the group, including B and Stephen Jamieson, sexually assaulted Janine Balding (lines 42 - 45, 53 and 55 - 56);
20. Janine Balding was tied up with rope (lines 58 - 60);
21. Janine Balding was taken at least 100 metres across a paddock towards a dam (lines 61 - 62);
22. one or more members of the group pushed Janine Balding's face into the water in the dam (line 63);
23. Peter Ellis performed an autopsy on Janine Balding (line 63);
24. Peter Ellis reported there was dirty water in Janine Balding's airway which indicated drowning (lines 63 - 64);
25. the day after Janine Balding's murder, B took police to the dam (line 65);
26. Jamieson, Matthew Elliott and B were convicted of rape and murder (lines 69 - 70);
27. Jamieson, Matthew Elliott and B were sentenced to life in gaol (lines 69 - 70);
28. the plaintiff knew of the details of the rape and murder of Janine Balding, having included those details in the Book (lines 71 - 72);
29. the plaintiff believed that Stephen Jamieson has been wrongly convicted of the crime (lines 72 - 73);
30. the plaintiff believed B should be freed (lines 72 - 74);
31. the plaintiff joined the Labor Party in May 2006 (line 82);
32. Morris Iemma asked the plaintiff to resign from the Labor Party (line 117);
33. the plaintiff has resigned from the Labor Party (lines 82 and 117);
34. the plaintiff will not withdraw the statement that he loved a killer or killers of Janine Balding (lines 83 - 84);
35. in an interview with the Weekend Australian the plaintiff said it was true that he felt a form of love for the killers of Janine Balding and that he would not withdraw that statement (lines 84 - 85);
36. the plaintiff said words to the following effect:
" What I feel for them is a form of love. I don't withdraw that. " (line 85);
37. the plaintiff said B and Stephen Jamieson are very nice people (lines 87);
38. the plaintiff said B and Stephen Jamieson can stay with him if they are released from gaol (lines 87 - 88);
39. in 1999, the plaintiff was elected as a member of the Legislative Council in the New South Wales Parliament as a member of his own Reform the Legal System Party (lines 89 - 91);
40. in 2001 the Carr government passed legislation that effectively cements ten (10) men accused of crimes in prison for the term of their natural life (lines 95 - 97);
41. the legislation referred to in (40) above applies to Janine Balding's killers (lines 98 - 99);
42. the plaintiff does not support the legislation passed by the Carr government in 2001 that keeps (ten) 10 men accused of crimes in prison for the term of their natural life (lines 95 - 97);
43. the plaintiff thinks B deserves to be released from gaol because:
(a) B was 14 years old at the time of Janine Balding's murder (lines 72 - 74, 100 - 105); and
(b) the plaintiff thinks B had the mental capacity of a 9 or 10 year old at the time of Janine Balding's murder (lines 100 - 105);
44. the plaintiff said words to following effect regarding the rape and murder of Janine Balding:
(a) "you know, as crimes go, it's not in the worst category of offences" (lines 123 - 124);
(b) "she was only raped by two offenders" (lines 126 - 127);
(c) "she was not bludgeoned" (line 127); and
(d) "and they were children; they had low IQs" (lines 127 - 128);
45. the plaintiff campaigns on behalf of ten (10) men who are in gaol for sexual violence against women (line 131 - 132);
46. at the trial in relation to the murder of Janine Balding, evidence was adduced that:
(a) the accuseds initially denied raping Janine Balding (line 159);
(b) forensic experts took swabs from Janine Balding's vagina and anus, extracted cells from the semen they found and matched it to the boys' blood (lines 159 - 161);
47. Bev Balding is the mother of Janine Balding (lines155 - 156);
48. Bev Balding wanted Janine Balding's killers hanged (line 165 - 166);
49. a psychiatrist's report described B as a "charming psychopath" (lines 171 - 172);
50. the plaintiff is campaigning for B's release from gaol (line 177);
51. a boy who was imprisoned for the rape of Janine Balding was:
(a) released after eleven (11) years;
(b) committed another sexual offence; and
(c) was back in gaol eleven (11) months later (lines 177 - 180); and
52. the abduction, rape and murder of Janine Balding was one of the most disgusting, vicious, and cruel crimes in recent New South Wales history (this is a matter of contemporary history).
SCHEDULE 4