Aboriginal man wrongly named as Cleo Smith abductor plans to sue Seven Network

Nyamal man Terry Flowers was at the hospital with his baby when he was told he had been identified by 7 News as a child abductor. He had a panic attack and was so distressed he needed medical treatment.

Karratha man Terry Flowers was deeply distressed after seeing his picture in the media. Source: Ngaarda Media

The man wrongly identified as the abductor of Carnarvon toddler Cleo Smith by 7 News says he was deeply distressed by the monumental mistake.

Terry Flowers also known by his mother’s name, Kelly, had his photo plastered all over social media yesterday in connection with the case of four-year-old Cleo Smith.

He told Ngaarda Media he was very excited to hear that Cleo had been found at a home in Carnarvon.

“I rang my partner and told her they found that baby, that girl. We was happy for her,” he said.

But soon after, while at Karratha hospital with his own child, he got another call.

“My sister rang me and told me they’ve got my photo up for the person who took the girl,” he said.

When he saw his photo on a social media post he went to the local police station for assistance.

The post was taken down but picked up by commercial television station Channel Seven.

“We seen it up on Channel 7 and Sunrise page. I got upset and went back into the police station," he said.

“I ended up getting more upset and I had a panic attack in the police station."

He was so distressed he ended up needing medical treatment.

“I got really upset yesterday. It put me in a state where I had to come into the hospital," he said.

“They gave me drugs just to calm me down.”

Terry Flowers was at the hospital with his young baby when he was told his images were published online. Source: Ngaarda Media

He says the media outlet should have done its job properly.

“That stuff is not acceptable,” he said.

“What they did was go straight on Facebook. The first person they seen got through my photos and uploaded on social media, and spread it around, not just in Australia, this is worldwide.”

He says he’s been talking to lawyers about taking legal action.

“I want them to do their job more seriously, and professionally and I’m gonna end up suing them anyways, cause it’s not the right thing for them to be doing,” he said.

Seven News published an apology to its website on Wednesday night.

"Earlier on Wednesday 7NEWS wrongly showed images of a man that were incorrectly labelled as the person under arrest over disappearance of Cleo Smith," it read.

"These were removed promptly, but 7NEWS apologises for the error."

7 News published photos of Terry Flowers to their social platforms and website.

Terry said the mistake also had an impact on other family members

“It made my partner really upset. We’re trying to keep ourselves together to keep our baby strong," he said.

“My mother, she’s really upset, she had people knocking on her door all day yesterday.”

Lawyers engaged

Sydney-based firm O'Brien Criminal & Civil Solicitors are representing Mr Flowers, and have been instructed by him to pursue a defamation claim against the network.

"A Concerns Notice was issued against the Seven Network yesterday afternoon requesting a comprehensive public apology and compensation," they said in a statement.

"The publications by the Seven Network led to Mr. Kelly/Flowers being made the subject of hate and derision around the nation and the world and resulted in him being hospitalised with a severe panic attack."

The firm previously took action against the Seven Network after its Sunrise program aired images of members of the Yirrkala community, who were filmed for a health campaign, as overlay for a panel discussion about the abuse and neglect of children.

The broadcaster settled the defamation claim and issued a public apology to the community in January 2020.