00:01Taking the stand to defend what Jason Gillam has described as the right of an artist.
00:07The concert pianist appeared in the Federal Court today, suing the Melbourne Symphony Orchestra over discrimination based on his political
00:16beliefs.
00:17It centres around a solo piece Mr Gillam spontaneously added to a recital at Southbank's Iwaki Auditorium in August 2024.
00:32The pianist introduced the piece called Witness, explaining the composer had dedicated it to journalists killed in Gaza, prompting the
00:41MSO to cancel Mr Gillam's next performance days later, citing safety concerns.
00:49The MSO's barrister, Justin Burke KC, told the court Mr Gillam had misled the organisation by failing to warn them
00:57about his introduction.
01:00People presume that if something is done on stage, it's done with our endorsement, our approval, he said.
01:08Mr Gillam's barrister, Sharon O'Meary KC, told the court her client's statements during the recital were lawful and could not
01:17be limited by the implied terms of a contract.
01:20In so far as the MSO may say it needs to think about its audience, I'm afraid there's no right
01:27to not hear things that make us uncomfortable, she said.
01:31About a dozen protesters gathered outside court in support of Mr Gillam and his decision to speak up about Gaza.
01:39The trial is expected to continue for three weeks, with lawyers saying it could set an important precedent for independent
01:46contractors and their protections against discrimination.
01:50The court will hear from more witnesses tomorrow.
01:53Natasha Shapova, ABC News, Melbourne.
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