The New South Wales Supreme Court judge in Australia who presided over West Indies cricketer Chris Gayle’s successful defamation case against Fairfax media , says she is “troubled” by a statement issued by the publisher which suggested it did not get a fair trial.

Justice Lucy McCullum said today, that the statement appeared to be a clear criticism of the court published in the wake of the jury’s verdict and she would have to consider whether “any steps” should be taken about it.

The statement said justice McCullum had “accepted that the jury had been misled in a way that prejudiced Fairfax, but declined to discharge the jury” after Fairfax sought an order to this effect on Friday.

Justice McCullum said the statement did not accurately reflect what she said”.

Yesterday a jury found that Fairfax – publisher of the Sydney Morning Herald, the age and the Canberra Times – had not established a defence of truth to reports that Gayle had exposed himself to a massage therapist in Sydney in February 2015.

Justice McCullum will deliver her decision on damages at a later date.