Some battles need to be fought in public or political forums as hard as they are in a courtroom. At Xenophon Davis we complement litigation with vigorous public and political advocacy where required.
As public figures and advocates, both Nick and Mark provide commentary on Xenophon Davis clients alongside a range of other public interest matters. Our media team also advises and supports Xenophon Davis clients in all forms of media engagement, including video and television appearances, radio, online and print media.
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Please direct comment and interview requests to our media contact using the details listed below:
Scott Rochford
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Police raid two properties over revenge porn allegations stemming from incident in Parliament House
Antoinette Radford and Nour Haydar, ABC News | December 20, 2021
ACT police have raided properties in Canberra and Queensland as a part of an investigation into an alleged revenge porn act stemming from an incident in Parliament House. The alleged incident occurred after a video of a Liberal staffer filming himself masturbating on a female MP’s desk was leaked to an Australian media outlet.
Mark Davis, the lawyer representing Tom the Whistleblower, said the raids felt like the “victimisation of a man who did the right thing”.
“He revealed disgusting behaviour in our national parliament against a female MP and others. And now the police are coming for him, not the perpetrators,” Mr Davis said.
Police raids over Parliament House ‘revenge porn’ probe
Samantha Maiden, News.com.au | December 18, 2021
The AFP raids follow revelations earlier this year that a Liberal staffer had masturbated on the desk of a female MP while she was absent from the office and had then shared images.
The man who made the original allegations, who is known as “Tom the Whistleblower” on social media, came forward earlier this year with videos and photographs that were shared by men on the dating app Grindr and Facebook including the masturbation incident and other sex acts.
However, the man’s lawyer, Mark Davis of Xenophon Davis described the raids as “sinister” on the eve of the federal election and designed to silence his client.
“It seems they are after a lot more than the photos that were released. I would hope this is not an attempt by ACT police to settle nerves within Parliament House about further scandals.”
Inquiry needed into Australia’s silence on West Papuan massacre, human rights groups say
Christopher Knaus, The Guardian | Sep 20, 2021
Human rights groups say revelations that Australia sat on its hands after learning of Indonesian military atrocities against West Papuan demonstrators are “deeply disturbing” and should prompt an independent investigation.
The report was released by the National Archives of Australia following action in the Administrative Appeals Tribunal by campaigner Anthony Craig and law firm Xenophon Davis.
It concluded it was highly likely that Indonesian troops had used excessive force on the demonstrators, later cleaning up the site and intimidating witnesses.
‘Killed like animals’: documents reveal how Australia turned a blind eye to a West Papuan massacre
Christopher Knaus, The Guardian | September 19, 2021
Dozens of West Papuans were tortured and thrown into the sea 23 years ago. Days later, Australia knew details of the attack, yet remained silent.
The report could easily have remained secret… But last year, Anthony Craig, a campaigner for justice in West Papua, sought a copy from the National Archives of Australia.
The archives initially sought exemptions to redact significant parts of the report, but last month, facing action in the Administrative Appeals Tribunal, it gave Craig and his lawyers, Xenophon Davis, access to the document in its entirety.
ClubsNSW has made a bid to silence a whistleblower. Instead, it may have turned up the volume on corruption claims
Georgia Wilkins | Jul 22, 2021
ClubsNSW is today seeking a gag order against former employee and whistleblower Troy Stolz, who has spoken out against the “alarming” scale of money laundering in pokies rooms at local clubs and pubs across the state.
Xenophon Davis, the law firm run by former South Australian senator Nick Xenophon and ex-journo Mark Davis, is now taking on the case in a sign of the growing momentum behind the whistleblower’s cause.
“It’s an honour to represent Troy Stolz, a person of great courage, who is up against the power of gambling and lobbying behemoth that is ClubsNSW,” Xenophon told Crikey.
Friendlyjordies raises $1m to defend John Barilaro defamation case
Christopher Knaus, The Guardian | Jul 15, 2021
YouTuber Jordan Shanks has raised about $1m to fund his defamation battle against New South Wales deputy premier John Barilaro and the criminal defence of his producer, Kristo Langker.
On Thursday, the law firm representing Shanks and Langker, Xenophon Davis, issued a statement saying they had raised more than $1m in funds from supporters of the pair. The money will go towards funding both legal cases.
Partner Mark Davis said his legal team were “profoundly grateful for the support of tens of thousands of Australians who have seen the importance of these legal battles”.
Friendlyjordies producer pleads not guilty to stalking and intimidating John Barilaro
Michael McGowan, The Guardian | June 24, 2021
The Friendlyjordies producer Kristo Langker has pleaded not guilty to stalking and intimidating charges following his arrest over two encounters with New South Wales deputy premier John Barilaro.
Langker’s solicitor, Mark Davis, called the arrest “outrageous”.
“It was outrageous that he was even arrested under these circumstances. They could well have dealt with this as they deal with every other citizen, with an AVO warning or ask him to him to the police station,” he said.
‘He’s innocent’: Friendlyjordies producer Kristo Langker pleads not guilty to stalking John Barilaro
Georgina Mitchell, Sydney Morning Herald | June 24, 2021
A producer for YouTube channel Friendlyjordies did not stalk or intimidate NSW Deputy Premier John Barilaro, and the charges will be fought “as vigorously as possible”, his lawyer has said outside court.
Speaking outside court on Thursday, Mr Langker’s lawyer Mark Davis said he intends to fight the charges “as high and as hard and as vigorously as possible – he’s an innocent man”.
“We’ve yet to see any evidence, at all, beyond a general police statement as to the offence. We’re extremely confident in our evidence that we’ve now gathered, and we’re looking forward with enthusiasm to our day in court,” Mr Davis said.
Friendlyjordies producer charged with stalking John Barilaro
Christopher Knaus, The Guardian | June 14, 2021
A 21-year-old producer for YouTube comedian Friendlyjordies has been charged with allegedly stalking and intimidating the New South Wales deputy premier, John Barilaro.
Langker’s lawyers, Xenophon Davis, criticised the arrest and said the use of the fixated persons unit – set up to tackle lone actor extremists three years after the Lindt cafe siege – was “shocking”.
Davis condemned police actions during the arrest, saying officers pushed Langker’s mother and injured his girlfriend, leaving them “injured and traumatised”.
With Trump Presidency Winding Down, Push for Assange Pardon Ramps Up
Kenneth P. Vogel, New York Times | January 10, 2021
For Mr. Assange’s supporters and press freedom advocates, though, the issues at stake transcend him or politics.
“This is so much bigger than Julian,” said Mark Davis, a former journalist who worked with Mr. Assange in Australia, where they are from. If Mr. Assange is prosecuted, “it will have a chilling effect on all national security journalism,” Mr. Davis said, adding: “If we can get Julian off, then the precedent hasn’t been set. If Julian goes down, then it’s bad for all of us.”
Mr. Davis, who is now a lawyer specializing in national security and whistle-blower cases, is on the board of Blueprint for Free Speech, an Australia-based nonprofit group that advocates for press freedoms and whistle-blower protections.
If moral courage matters, this whistleblower needs defending
Nick Xenophon, The Age | November 18, 2020
Dear General Campbell, we’ve met a few times. At briefings at Parliament House when you ran Operation Sovereign Borders, and in the robust forum of Senate estimates. I was always impressed by your palpable decency, competence and forthright manner.
So, I hope you won’t take issue with me writing this open letter to you about our firm’s client, David McBride, a proud veteran, a former army major who now faces life imprisonment for, basically, telling the truth about what was happening in Afghanistan.
Just a few days ago, you were handed the Brereton report – four years in the making – about alleged war crimes by Australian troops in Afghanistan.
Public interest demands charges against David McBride be dropped, says Nick Xenophon
Blake Foden, Canberra Times | October 16, 2020
The Commonwealth’s decision not to charge a journalist who reported on alleged war crimes should be the catalyst for authorities to drop the prosecution of the man who blew the whistle, a lawyer for the former army officer says.
“Logic, fairness, decency and, above all, the public interest demands that these charges against David McBride be dropped now,” he said.
“If the CDPP considers that the role of public interest journalism, and its importance in our democracy, was a key factor in dropping the charges against Dan Oakes, then surely those considerations are even stronger in protecting the source for the story.”
Nick Xenophon attacks Government over Afghan Files whistleblower David McBride on Q+A
Paul Johnson, ABC News | June 23, 2020
Former independent senator Nick Xenophon has lashed the Australian Government’s national security legislation as he revealed how his client and Afghan Files whistleblower David McBride is facing a battle for his life.
In Monday night’s episode of Q+A, which was dedicated to Australia’s state secrets, Mr Xenophon joined former ASIO director Dennis Richardson, journalist Annika Smethurst, national security analyst Clinton Fernandes and counter-terrorism expert Jacinta Carroll on the panel.
Now working as a lawyer, Mr Xenophon revealed just what a tough battle Mr McBride was facing for revealing alleged war crimes committed by Australian troops.
Nick Xenophon: New coronavirus powers threaten corporate accountability
Nick Xenophon, New Daily | April 14, 2020
As lawyers, we will always tell you to watch out for the small print.
So, last week as the nation was transfixed with federal Parliament passing its record-breaking, ideology-defying $130 billion jobs rescue package, something else snuck through.
That something is a piece of ’small print’ giving the Treasurer, at the stroke of his pen, extraordinary new powers to change the Corporations Act.
Xenophon acting for military whistleblower
Rebecca Gredley, Canberra Times | March 17, 2020
Former senator Nick Xenophon will represent a military lawyer who blew the whistle on alleged war crimes by Australian troops.
David McBride leaked classified documents to the ABC and is facing charges of theft of commonwealth property, breaching the Defence Act and unauthorised disclosure of information.
“The latest accusations of war crimes in Afghanistan on Four Corners reveal the very issues that McBride was trying desperately to advise military commanders and politicians of in 2013,” he said.