Journalist had power to ‘utterly destroy’ surgeon,court told

An investigative journalist has been accused of cherry-picking patients who had serious complications and ignoring accounts by those with positive experiences for a series of stories that examined the medical practice of renowned orthopaedic surgeon Dr Munjed Al Muderis.

Charlotte Grieve,of The Age andThe Sydney Morning Herald, on Wednesday defended the depth and fairness of her reporting as she was cross-examined fora second day in the Federal Court in Sydney by Al Muderis’ barrister,Sue Chrysanthou,SC.

Chrysanthou told the defamation trial that Grieve had been in a position of power as a journalist for a national media corporation,and her stories had the ability to “utterly destroy a person”.

But Grieve told the hearing the coverage was in the public interest and that she had set out to explore how the celebrated surgeon worked and marketed himself,including allegations that only patients with glowing accounts of their dealings with Al Muderis were invited to speak in waiting rooms and give testimonials to potential new patients.

“It was looking into what happens when this surgery goes wrong … are these complications normal? What is this surgery and ... how is it marketed?” Grieve said.

“I believe we did summarise the benefits of osseointegration,and we went to great lengths to acknowledge that your client has done incredible things for many people.”

Osseointegration surgery involves inserting titanium pins into the residual bone of an amputated limb to enable a prosthetic to be connected.

Asked why patients who contacted her and gave glowing reviews about Al Muderis were ignored,Grieve said she interviewed many patients over three months.

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“Lots didn’t go in;lots did,” she said. “We had to narrow it down.”

The court previously heard thatAl Muderis successfully operated on Lisa Schaeffer,who flew to Australia from the United States for an osseointegration procedure.

The court heard Schaeffer said the operation changed her life and Chrysanthou asked why Grieve omitted this from her reporting.

“She gave you a wholly positive account ... Why didn’t she end up in the article?” Chrysanthou asked on Wednesday.

Grieve said the purpose of contacting Schaeffer was not to interview her about her treatment,but instead verify claims that hotel rooms were being used as clinics or to hold meetings with potential patients.

The court earlier heard Schaeffer later filed a complaint about Al Muderis and said the surgeon did not promptly respond to her concerns.

Al Muderis is suingThe Age,The Sydney Morning Herald and60 Minutes over reports published and broadcast in September 2022. He alleges the reports convey a range of defamatory meanings,including that he negligently performed osseointegration surgery and provided inadequate aftercare.

Nine,the owner of the media outlets being sued,is seeking to rely on a range of defences including a new public interest defence,truth and honest opinion.

During the months-long defamation trial,60 Minutes reporter Tom Steinfort and producer Natalie Clancy will give evidence in coming days.

The trial continues.

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