Greg Poland defamation trial ends in WA, verdict likely in 2027

Property developer Greg Poland sues Nine masthead over 2019 articles based on recording sent by Liberal MP Andrew Hastie; verdict expected in 2027

By LineZotpaper

Published23 October 2026

Updated23 October 2026

Read Time3 min

Sources4 outlets

A defamation trial nearly eight years in the making has concluded in the West Australian Supreme Court, pitting property developer Greg Poland against The Sydney Morning Herald and The Age over two 2019 articles based on a covert recording sent to journalists by federal Liberal MP Andrew Hastie. The trial, which spanned several weeks, heard from politicians from both major parties, journalists, and lawyers, with Justice Matthew Howard now considering his verdict, likely to be delivered in 2027.

The case stems from two articles published in 2019. The first alleged that Poland coached a contact on how to engineer a land swap deal with the WA government that would see “toxic soil” from a Metronet project dumped and buried in exchange for a sand mining operation. The second article discussed Poland’s claims that an attempt to increase WA’s lobster catch was his plan, but the state government had “botched it”.

Both articles were based on a covert recording sent to journalists by federal Liberal MP Andrew Hastie. The recording, since publicly released, captured Poland discussing his relationship with then-Transport Minister Rita Saffioti and former Regional Development Minister Alannah MacTiernan, stating that if you did a favour for either minister, they would “just steamroll anything through”.

During the trial, all three state government ministers, Hastie, and others were called to give evidence. In closing submissions, the defence argued Poland was “revealed at trial to be a dishonest and unreliable witness” who was “willing to improvise, embellish and alter his account as the situation demanded”. The defence also noted that Poland himself used the word “toxic” in the recording and that his own lawyer used the word in a pre-publication letter to journalists.

Poland’s lawyer, Martin Bennett, argued the articles carried imputations of corruption, pointing to Poland’s references to ministers by their first names as indicating a “level of closeness”. Justice Howard countered: “I can call Madonna by her first name, it doesn’t mean I know her well.” Both Saffioti and MacTiernan distanced themselves from Poland during their evidence, saying he did not have the influence he claimed.

Bennett also alleged that Hastie and former Liberal leader Zak Kirkup had released the recording as a “political weapon”, suggesting Kirkup’s evidence had been false. He sought to reopen the case with new witnesses and cross-examine Kirkup again, but Justice Howard denied the request.

Justice Howard will now take time to review the evidence and deliver his verdict at a later date, likely not until 2027.

Analysis

Why This Matters

The case tests the boundaries of defamation law in the context of political leaks and covert recordings.
It raises questions about the reliability of sources and the responsibility of newspapers when publishing material provided by politicians with potential political motives.
The outcome could affect how journalists handle similar leaked material in future, especially during election cycles.

Background

The defamation action was launched in 2019 after The Age and Sydney Morning Herald published two stories based on a covert recording provided by federal Liberal MP Andrew Hastie. The recording captured property developer Greg Poland boasting about his influence with senior Labor ministers and discussing a land swap involving potentially contaminated soil from the Metronet project. The case has dragged on for nearly eight years, involving multiple delays and a trial that heard from politicians on both sides, journalists, and lawyers.

Key Perspectives

Greg Poland (plaintiff): He claims the articles defamed him by suggesting he used his position as deputy chairman of the Planning and Development Committee to arrange an unorthodox, valuable deal that would benefit the Labor government, implying corruption. His lawyers argue the imputations are clear to an ordinary reader. Nine Newspapers (defendant): The defence argues the stories were accurate and fair, noting that Poland used the word “toxic” himself and exaggerated his influence. They maintain that no benefit was attributed to Poland and that he was shown to be dishonest on the stand. Andrew Hastie and Zak Kirkup (Liberal figures): Hastie provided the recording to journalists but has not commented during the trial. Kirkup, through his evidence, has been accused by the plaintiff of releasing the recording for political gain, a suggestion he denies.

What to Watch

Justice Howard’s verdict, expected in 2027, and any findings on whether the articles carried imputations of corruption.
Possible appeals from either side, which could further delay resolution.
The implications for future use of covert recordings by politicians as sources for news stories.

Sources

A covert tape, political feuds and toxic soil: Eight-year defamation battle reaches end · Sydney Morning Herald - Latest News
A covert tape, political feuds and toxic soil: Eight-year defamation battle reaches end · The Age - Latest News
A covert tape, political feuds and toxic soil: Eight-year defamation battle reaches end · WA Today - Latest News
A covert tape, political feuds and toxic soil: Eight-year defamation battle reaches end · Brisbane Times - Latest News

Checked

12 claims in this story checked against 1 source: 10 supported.

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SupportedThe trial ended in the West Australian Supreme Court, with a verdict likely in 2027.Sydney Morning Herald - Latest News: “A trial nearly eight years in the making ... has concluded following several weeks of deliberations in the West Australian Supreme Court. ... It is likely the decision will not be revealed until 2027.”
Partly supportedGreg Poland sued The Sydney Morning Herald and The Age over two 2019 articles.Sydney Morning Herald - Latest News: “Property developer Greg Poland claimed he was defamed by this masthead following the publication of two stories in 2019”
SupportedThe articles were based on a covert recording sent to journalists by federal Liberal MP Andrew Hastie.Sydney Morning Herald - Latest News: “two stories in 2019, which were based on a covert recording sent to journalists by federal Liberal MP Andrew Hastie.”
SupportedThe first article alleged Poland coached a contact on a land-swap deal involving Metronet soil and a sand-mining operation.Sydney Morning Herald - Latest News: “The first story alleged Poland coached a contact on how to engineer a land swap deal with the WA government that would see “toxic soil” from a Metronet project dumped and buried in exchange for a sand mining operation.”
SupportedThe second article discussed Poland’s claim that the state government had “botched” his plan to increase WA’s lobster catch.Sydney Morning Herald - Latest News: “The second article published, also related to the recording, discussed Poland’s claims that an attempt to increase WA’s lobster catch was his plan, but the state government, including then-Fisheries Minister Dave Kelly, had “botched it”.”
SupportedThe recording captured Poland saying that if someone did a favour for either minister, they would “just steamroll anything through”.Sydney Morning Herald - Latest News: “Poland can be heard discussing his relationship with then-Transport Minister Rita Saffioti and former Regional Development Minister Alannah MacTiernan, and that if you do a favour for either minister, they would “just steamroll anything through”.”
SupportedThe defence called Poland “a dishonest and unreliable witness” who was “willing to improvise, embellish and alter his account as the situation demanded”.Sydney Morning Herald - Latest News: “the defence stated Poland was “revealed at trial to be a dishonest and unreliable witness”. ... “He was willing to improvise, embellish and alter his account as the situation demanded.””
SupportedThe defence said Poland used the word “toxic” in the recording and his lawyer used it in a pre-publication letter.Sydney Morning Herald - Latest News: “Lewis argued that Poland himself used the word toxic in the recording, and that Bennett also used the word toxic in a letter to journalists on behalf of his client before publication.”
SupportedBennett argued that calling the ministers by their first names indicated a “level of closeness”, and Justice Howard replied, “I can call Madonna by her first name, it doesn’t mean I know her well.”Sydney Morning Herald - Latest News: “Bennett also said Poland had called both Saffioti and MacTiernan by their first names, which indicated a “level of closeness”. ... “I can call Madonna by her first name, it doesn’t mean I know her well.””
SupportedSaffioti and MacTiernan said Poland did not have the influence he claimed.Sydney Morning Herald - Latest News: “Both politicians distanced themselves from Poland while providing their evidence and said he did not have the influence he claimed.”
Partly supportedBennett alleged that Hastie and Kirkup released the recording as a “political weapon”.Sydney Morning Herald - Latest News: “Two people then advised Poland’s solicitors that Kirkup had lied on the stand, and that he had, in fact, been “gleeful” after hearing the recording and that he had wanted to use it as a “political weapon””
SupportedJustice Howard denied Poland’s request to reopen the case and cross-examine Kirkup again.Sydney Morning Herald - Latest News: “Bennett suggested it proved both Hastie and Kirkup had released the recording for their own political gain and requested to reopen the case with new witnesses, and to cross-examine Kirkup again. That request was ultimately denied by Justice Matthew Howard.”