Roman Heinze’s bid to sue daughter Kendehl still alive after Adelaide Magistrates Court ruling

Roman Heinze’s right to natural justice means his attempt to sue his daughter must go ahead – even if it further traumatises the woman, a magistrate has ruled.

A magistrate has refused to throw out the Salt Creek backpacker kidnapper’s “rambling” defamation claim against his estranged daughter – even though it has broken every rule about lawsuits.

On Tuesday, counsel for Roman Heinze’s daughter, Kendehl, asked the Adelaide Magistrates Court to dismiss his $65,000 claim as an abuse of process.

They said Heinze, who is representing himself from prison, had not complied with the court’s rules, failed to provide evidence and made baseless, “ranting” claims, causing Kendehl to incur $8000 in court costs so far.

Andrew Carpenter, for Kendehl, said state law was clear that any such claim must be thrown our with costs ordered against the plaintiff.

But Magistrate Maria Panagiotidis said that sort of “technical argument” would deny Heinze “natural justice” and his “right to be heard”.

Salt Creek backpacker kidnapper Roman Heinze.

Heinze is suing his estranged daughter, Kendehl. Picture: Ben Clark

She ordered the parties attend a conciliation conference and Kendehl appear in person – despite Mr Carpenter’s warning Kendehl wanted “nothing to do” with the man who had harassed her from jail.

“Unfortunately, we can’t always get what we want,” Ms Panagiotidis replied.

Heinze, 68, is preparing to challenge his 17-year prison term for his February 2016 crimes.

He is funding that bid with $100,000 of his late father’s estate, obtained by threatening to sue his children over their inheritance.

Heinze has also sued Kendehl for $65,000 claiming that, by breaking her long silence over the case, she has defamed him.

He filed that suit just weeks after prison authorities banned him from sending abusive letters to Kendehl.

Heinze makes art in prison, which he signs as “AKA Salt Creek Monsta”. Picture: Supplied

On Tuesday, Ms Panagiotidis said Heinze – who appeared by video link – would be in prison until at least 2033.

“Your time might be better spent doing something else rather than this ... is this something you really want to pursue?” she asked.

“This sounds to me like it’s going to be extremely complicated and not very fruitful if it goes to trial.”

She noted Heinze was also suing Kendehl for the return of personal property he claimed was in her possession.

“Would you consider withdrawing the defamation action if your goods were returned to you?” she asked.

Heinze said he would, and Ms Panagiotidis ordered the parties seek to broker a non-trial outcome at a hearing next month.