Pianist Jayson Gillham’s case against MSO mustn’t turn into ‘roving inquiry’ on Middle East conflict, judge warns

The judge hearing the case of a classical pianist who alleges the Melbourne Symphony Orchestra unlawfully discriminated against him because of his views on Israeli forces killing Palestianian journalists says the matter will not be a “roving inquiry” over conflict in the Middle East.

Pianist Jayson Gillham is suing the MSO over a cancelled Melbourne concert he was contracted to perform on 15 August 2024, a cancellation which he claims was an attempt to silence him over his stance on the Gaza conflict.

At a performance four days earlier in Southbank’s Iwaki Auditorium, Gillham had played a short piece called Witness, composed by Australian multimedia artist Connor D’Netto, which he dedicated to Palestinian journalists who were killed by Israeli forces.

The trial is set down for 15 days and started in the federal court in Melbourne on Monday.

Justice Graeme Hill told the court before opening submissions in the trial that while he was aware the matter had attracted public controversy:

“This is not a case about that public controversy, and I’m not going to let the case turn into a roving inquiry about that public controversy.

“Things about a situation in the Middle East are not, as I see it now, part of the legal issues in this case, even if they are part of the reason we are here.”

Gillham’s barrister, Sheryn Omeri KC, said in her opening submission that there was nothing in the MSO contract that prevented Gillham from making the statement.

The statement was his genuinely held political belief, and nothing about it would have had such an effect on the audience that the MSO was warranted in cancelling the future performance.

She said he was applauded after performing Witness – despite claims from MSO that it was not well-received – and no audience member raised concerns with him about his introduction when he spoke with them and signed CDs after the performance.

“There is a difference between feeling uncomfortable, and feeling unsafe,” Omeri said.

“Nothing in Mr Gillham’s introduction to Witness could or would have made anybody feel unsafe in the true sense of that term.”

Gillham is expected to be the first witness, and appear later on Monday.

Justin Bourke KC, for the MSO, said that Gillham was playing on the MSO’s stage, and was therefore not permitted to share his personal views on the “most hotly contested controversial issue around the world”.