David Gyngell threw his weight
around with James Packer
Date
May 6, 2014
Paul Sheehan
David Gyngell has behaved like a thug and he should be charged for the crimes he has committed. He
stalked. He threatened. He assaulted. Now he can pay.
If Gyngell is not charged under section 93c of the Crimes Act then the police have a problem. We will
find out soon enough if our two-law system – one for the rich and one for the rest – is rammed down
our throats yet again.
The relevance of the Crimes Act is clear on this matter. Section 93C states: ''A person who uses or
threatens unlawful violence towards another and whose conduct is such as would cause a person of
reasonable firmness present at the scene to fear for his or her personal safety is guilty of affray and
liable to imprisonment for 10 years.''
David Gyngell and James Packer in happier days.
On Sunday afternoon, Gyngell drove his sports utility vehicle through section 93C of the Crimes Act.
The spark was the action of the company he runs, Nine Entertainment Company, parent company of
the Nine Network. All the news reports of this incident have reported that Nine had a news van parked
outside the home of James Packer, the billionaire casino operator. As to why it was there is a matter of
contention.
When Packer telephoned Gyngell to object, Packer was subject to abuse. Gyngell then acted on his
language. He drove to Packer's home. He parked his SUV in Packer's driveway, itself an act of
aggression in this context.
He was waiting for Packer when he got home, another act of aggression. Gyngell immediately began
an abusive conversation with Packer. This confrontation quickly became physical.
The entire incident was instigated by Gyngell. He was so lacking in personal control, so lacking in
restraint, that he ended up thumping the man he had threatened, in the street, in public view.
Given this pattern of conduct, Packer was entitled to defend himself. He had been minding his own
business, trying to get from the airport to his home.
It does not matter if you are a prince or a pauper, anyone is entitled to go about their business without
being stalked, confronted and threatened and punched.
Packer does not come out of the video looking like an angel. The fact that he is also a big man, and a
powerful man, is immaterial. He was just going home. Gyngell went out of his way to have a heated
confrontation.
It is also immaterial that Gyngell visited Packer on Monday to apologise and that Packer, in the
interests of the public relations, will not be pressing charges.
There is a bigger issue. The evidence of Gyngell's aggression is clear. There is a video of the brawl.
There are photographs. There are pages of media coverage in every newspaper in Australia, and
beyond.
Let us also not forget the conduct of the people who have corporate responsibility for Gyngell's
actions. They see no problem having someone who could be charged with public affray as being the
chief ambassador and role model of the Nine Network.
The chairman of Nine Entertainment Co, David Haslingden, issued a press release on Monday stating:
''David Gyngell has had and continues to have the full support of the board in his role as CEO of Nine
Entertainment company.''
Haslingden owns television production companies. He was formerly president and chief executive of
Fox Networks Group. Other members of the Nine Entertainment board are Gyngell himself and Peter
Costello, the treasurer in the Howard government.
The rest of the board are senior investment managers: Kevin Crowe and Steve Martinez of Apollo
Management; Edgar Lee and Rajath Shourie of Oaktree Capital Management; Hugh Marks of Media
Venture Partners; and a very senior advertising executive, Joe Pollard, the chief executive of Publicis
Mojo Australia.
David Gyngell has led a life of privilege. His father was Bruce Gyngell, one of the legends and
founders of commercial TV in Australia and a charismatic man. His son had every door opened to
him in television. It was up to him to do the rest, but getting through the door is the hard part in life
for most people.
On Sunday, Gyngell behaved like a man who was used to throwing his weight around. He obviously
believes he is powerful enough to threaten and confront with impunity. We will see if he is right.
Twitter: @Paul_Sheehan
Read more: http://www.smh.com.au/comment/david-gyngell-threw-his-weight-around-with-james-packer-20140506zr5iw.html#ixzz31CZ2Skg4