A Supreme Court judge has labelled A Current Affair reporter Ben Fordham "disrespectful" for failing to appear in court, before she found him guilty of breaching the Listening Devices Act.
Fordham, former ACA producer Andrew Byrne and Channel Nine were charged with breaching the Listening Devices Act in relation to a story that aired in May 2008, showing a former Waverley mayor, James Markham, allegedly ordering a hit on a male escort.
Justice Elizabeth Fullerton today convicted Fordham of one of four charges against him, that he knowingly recorded a private conversation on May 28, 2008.
She noted it was done "in his absence" after being told he was in Canberra for work.
"Why should I proceed to find an offence proved against a defendant in criminal proceedings in his absence? This is a serious matter," Ms Fullerton said to Fordham's barrister, Hament Dhanji.
"I find that unacceptable," she continued.
"He's in Canberra? Doing what?"
Mr Dhanji said Fordham had meant no disrespect. He said he was there to represent Fordham in his absence and that the executive producer of ACA was also in attendance on Fordham's behalf.
"He means no disrespect. Frankly his attitude is disrespectful," Ms Fullerton said.
A Nine spokesman said: "When we were informed yesterday that the judgment would be handed down today, Ben was advised by his lawyers that his attendance at court today was not required, on the understanding that sentencing would be at a later date.
"He was there every minute of every day throughout the entire trial , and would have been there again today had the advice been different. He's in Canberra covering the election campaign, and was represented in court today by his lawyers and by the EP of A Current Affair.
"He will of course be there for sentencing on August 19."
Fordham said: "I have the utmost respect for Justice Fullerton and the legal process. I'm absolutely mortified about today's confusion, and would have been there had I been advised that my attendance was required. In fact, I was told the opposite."
Ms Fullerton convicted Byrne on all four charges of breaching the Listening Devices Act but acquitted Channel Nine.
A sentence hearing was set down for August 19. The Crown has already indicated it will not be seeking a custodial sentence.
