Channel 7 Settles Case With Indigenous Man They Wrongly Identified As Cleo Smith’s Abductor

A Western Australian court has ruled in favour of Terry Flowers after Channel 7 wrongly identified him as the abductor of four-year-old Cleo Smith.

The Nyamal man from Karratha in the Pilbara region launched a defamation suit in November after the broadcaster used his photo as the main suspect in Smith’s kidnapping both on-air, and in social media posts.

Flowers suffered a severe panic attack and had to be hospitalised after becoming the target of nationwide hate and vitriol. His lawyers said at the time that the mistake had “gravely injured in his character and reputation”, saying Flowers had suffered “substantial hurt, distress and embarrassment”, and “will continue to suffer loss and damage” for being associated with such a high-profile case.

The 27-year-old, who used his mother’s maiden name ‘Kelly’ on Facebook, was mistaken for 36-year-old Terence Darrell Kelly — whose first name is spelt differently, and is also Indigenous. Kelly was charged a month after abducting Smith from a campsite in October and pled guilty in January.

State supreme court chief justice Peter Quinlan read out the consent orders agreed to by both parties on Wednesday, with the proceedings lasting just minutes due to a deal being reached beforehand. The settlement between Flowers and Channel 7 will remain confidential.

Flowers appeared in court via video link and was represented by Sue Chrysanthou SC — the barrister who represented Christian Porter in his defamation case against the ABC last year.

Flowers told WA Today he was “very relieved” and that he is “glad that it’s all over, and it was settled”. His lawyers requested that the privacy of Flowers and his loved ones continues to be respected. Channel 7 has made no further comment after their public apology to Flowers in November, according to Mumbrella.

“I’m just looking forward to moving on with my life, and spending time with my six-month-old little boy,” said Flowers.