Pianist Jayson Gillham’s case against MSO mustn’t turn into ‘roving inquiry’ on Middle East conflict, judge warns | Australia news
The judge presiding over the case against the classical pianist who claimed the Melbourne Symphony Orchestra unlawfully discriminated against him because of his views on Israeli forces killing Palestinian journalists said the matter would not be a “roaming investigation” into conflicts in the Middle East.
Pianist Jayson Gillham is suing the MSO over the canceled Melbourne concert he was contracted to perform on August 15, 2024; He claims that this cancellation was an attempt to silence him for his stance on the Gaza conflict.
At a performance at Southbank’s Iwaki Auditorium four days ago, Gillham played a short piece called Witness, composed by Australian multimedia artist Connor D’Netto and dedicated to Palestinian journalists killed by Israeli forces.
The trial will last 15 days and begin on Monday in federal court in Melbourne.
Before opening submissions at the hearing, Judge Graeme Hill told the court that although he was aware the matter had sparked public debate:
“This is not a case about a public debate, and I will not allow the case to become a roving inquiry into that public debate.
“Things related to the situation in the Middle East, as I see it now, are not part of the legal issues in this case, even if they are part of the reason we are here.”
Gillham’s attorney, Sheryn Omeri KC, said in her opening submission that there was nothing in the MSO contract that prevented Gillham from making this statement.
This statement was truly his espoused political belief, and nothing about it would have had enough of an impact on audiences to warrant the MSO’s authority to cancel future performances.
He said that he was applauded after performing Witness, despite the MSO’s claims that it was not well received, and that no audience members expressed concern about his introduction when he spoke to them after the performance and signed CDs.
“There is a difference between feeling uncomfortable and feeling unsafe,” Omeri said.
“Nothing in Mr Gillham’s entry into Witness could or would literally make anyone feel unsafe.”
Gillham is the first witness and is expected to appear later Monday.
Justin Bourke KC, on behalf of the MSO, said Gillham was performing on the MSO stage and was therefore not allowed to share his personal views on “the most controversial topic discussed worldwide”.
“There should be some common-sense expectations when you bring a classical musician onto your stage,” he said.
“You will not exploit a captive audience with statements that will clearly upset or disturb some members of your audience… you will work institutionally with your host on what will happen on stage.” [and] You will not deceive your landlord.”
“There really is a time and place for everything.”
The trial continues.
