Melbourne mayor wins intervention order against Council Watch president over harassment
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The mayor of an inner-Melbourne council has won an intervention order against a prominent local government activist, after a magistrate ruled his online comments went beyond fair political commentary.
Stonnington Mayor Melina Sehr was granted a two-year personal safety intervention order against Council Watch president Dean Hurlston on Tuesday morning.
Council Watch president Dean Hurlston and Stonnington Mayor Melina Sehr.Credit: Simon Schluter and Luis Ascui
Magistrate Michelle Hodgson found “the gendered and personal undertones” of Hurlston’s social media posts and text messages to Sehr over recent years “cross the line from fair commentary into targeted ridicule” that he maliciously knew caused mental harm.
“The protections afforded to political discourse do not extend to conduct intended to harm, intimidate or harass under the guise of commentary,” Hodgson said.
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Hodgson cited two posts on Hurlston’s now-defunct Stonnington Council Watch Facebook page as examples among an almost 500-page dossier that Sehr presented as evidence that “the tone, frequency and personal nature of Hurlston’s conduct amounted to harassment and stalking”.
The first post accused Sehr of weaponising her mother’s death to avoid questions about an alleged conflict of interest. The second post depicted Sehr as Muppets character Miss Piggy and referred to her as Kermit’s girlfriend.
“There was ample evidence of ill will, spite and animosity towards Ms Sehr,” Hodgson found.
“This is evident in the derogatory names and images he uses when describing Sehr. The volume of evidence suggests in the exhibit suggested deliberate humiliation – not satire.”
Hurlston and Sehr testified in the four-day hearing last week for the civil matter, but Hodgson found on Tuesday that only Sehr was a credible witness.
“Although Mr Hurlston initially expressed limited regret for some posts, these statements were later undercut by contradictory remarks under cross-examination,” she said.
“His denial of intent, justification of harm and affirmation of the post suggest that the expressions of remorse were not genuine, but tactical.”
Hodgson’s order bars Hurlston from creating or administering any online forum “which is used to facilitate repeated, targeted or offensive commentary” about the Stonnington mayor, retaining similar provisions as an interim order granted in April.
Hurlston also cannot come within two metres of Sehr. He was warned he could face up to two years’ imprisonment if he breached the order. He has not been charged with any crime.
Hodgson said Hurlston was not prevented from “legitimate public or political commentary on [Sehr] in their capacity as an elected councillor”, provided it was “factually based” and was not a harmful personal attack.
“Whilst robust humorous or satirical commentary on the conduct of local councillors is a legitimate and important form of political expression in a free society, it must be clearly distinguished from conduct that amounts to prohibited behaviour or stalking, where personal malice is a substantial actuating cause of that conduct,” the magistrate said.
“It cannot be shielded by a superficial veneer of political communication or public interest journalism.”
Hurlston declined to comment.
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