Australian actor Craig McLachlan has declined to participate in a police interview over allegations of assault and indecent assault, a court docket has heard.
The 53-year-old, recognized for roles in House and Away, Neighbours and the Dr Blake Mysteries, is suing actor Christie Whelan Browne, Fairfax Media and the ABC for defamation within the New South Wales Supreme Court docket over claims that he indecently assaulted and sexually harassed forged members throughout a 2014 run of The Rocky Horror Present musical.
McLachlan has denied the allegations, which had been revealed in January 2018.
The court docket heard on Friday morning that Victoria Police has been investigating allegations of indecent assault and assault towards McLachlan from 2014.
Earlier this month, the chief commissioner of Victoria Police, Graham Ashton, had filed an utility within the defamation case to stop all events from accessing greater than 100 subpoenaed paperwork that associated to the continuing police investigation into McLachlan.
The appliance was set to be argued in court docket right now, and the commissioner and McLachlan had filed detailed written submissions.
But it surely was withdrawn on Thursday night, after McLachlan’s attorneys instructed police he wouldn’t participate in a requested police interview.
“What time did the commissioner resolve to not pursue the appliance, in respect of which I misplaced two hours sleep final evening?” Justice Lucy McCallum requested barrister Trent Glover, showing for the commissioner.
“5.03pm,” Glover replied.
McLachlan’s lawyer Matthew Richardson stated the commissioner ought to pay his consumer’s prices for the appliance, and that it was unfair of the commissioner to hyperlink McLachlan declining the interview with the appliance being withdrawn.
The e-mail requesting the interview, despatched on November 9, contained “not a scintilla, not a touch” that it was sure up within the utility, Richardson stated.
Glover argued it was “acceptable and within the public curiosity” to convey the declare and that the police wanted to have the ability to conduct their investigation as they noticed match.
McCallum ordered the commissioner to pay McLachlan’s prices, handing down her resolution “in cryptic phrases” because of the confidential nature of the fabric earlier than the court docket.
She stated a part of the rationale the appliance was deserted was resulting from McLachlan declining to be interviewed, however one other related issue was contained throughout the materials that can’t be disclosed.
The defamation trial is scheduled to start on February 4, 2019.