COMMENTS made by radio shock jock Alan Jones could have led listeners to believe Toowoomba's high profile Wagner family helped "cover up" the deaths of 14 people in the 2011 Grantham floods.
That's what a judge has found as round one of a court battle between the wealthy family, Mr Jones and his employer Harbour Radio begins and Nicholas Charles Cater in Brisbane.
Denis Wagner and his three brothers are suing the broadcasting giant and its 2GB host amid claims it was repeatedly implied a poorly constructed levy in the family's quarry redirected flood waters and ultimately caused the inland tsunami which devastated the town's main street.
It will be alleged Mr Jones implied the Toowoomba businessmen, consecutive Queensland premiers and major gas companies deliberately failed to investigate the cause of the deadly deluge and that the engineering consulting company tasked with the first probe was "in the Wagner's pocket" because of the work they had undertaken on Wellcamp Airport.
Tuesday's hearing will determine how many of Mr Jones' comments were capable of implying the Wagners orchestrated or had knowledge of the so called "cover up".
Justice Peter Applegarth has already ruled that at least two broadcasts should be put to a jury.
A further 32 broadcasts and 83 pages of transcripts will be reviewed.
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