28/09/2023, 14:44 Barilaro v Google LLC [2022] FCA 650 45 When Mr Shanks tells viewers “I think you can see where this is going” a screenshot of part of an article published on 16 October 2018 in The Sydney Morning Herald appears for three seconds followed by a screenshot lasting five seconds of a part of a Ministerial Briefing Paper by Jobs for NSW to invest over $3.3 million in Australia’s Oyster Coast that Mr Barilaro signed as Deputy Premier on 5 April 2018. Earlier, there is a brief depiction of part of a press release made on 17 October 2017 entitled “Go NSW Equity Fund to invest in high growth companies”. It stated that the fund was “to buy a stake in companies with potential to create new jobs in NSW”. 46 The full article in The Sydney Morning Herald recounted that Mr Barilaro had told question time that the investment decisions were endorsed by the independent board of Jobs for NSW but he had no role in the decision-making process. “Then they come to me for sign-off on the final decision”. The article said that this was in answer to the excerpt of the accusation by the then-leader of the Opposition, Luke Foley MP, that earlier, Mr Barilaro had misled an estimates committee of Parliament. The screenshot highlighted Mr Foley’s statement “Nine times he told the Parliament that he had nothing to do with the decision to spend $3.3 million on an oyster company… yet now we learn he sighted the document which approved it”. The screen shot of that document showed: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2022/2022fca0650 14/101

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