Redland mayor candidate Jos Mitchell wins legal fight with Andrew Laming over signs

Former federal MP Andrew Laming has been blocked by a court from displaying signs a rival mayoral candidate alleges falsely ties her to the Australian Greens.

Former Federal MP Andrew Laming leaves Brisbane Supreme Court. Picture: NCA NewsWire / Glenn Campbell

Former Federal MP Andrew Laming has been blocked by a court from using placards that a rival candidate in the Redland City Council lord mayor race alleges falsely links her to the Australian Greens political party.

Late on Friday, on the final day of campaigning before Queensland votes in Saturday’s council elections, Supreme Court Justice Peter Callaghan granted mayoral candidate Jos Mitchell an injunction banning Dr Laming from publishing a sign “Jos = Green$” at polling and pre-polling booths.

After hearing submissions, Justice Callaghan ordered Dr Laming to remove the “Jos = Green$” signs from all pre-polling electoral booths in the Redland City area and remove images which incorporate the sign from his Facebook page by midnight on Friday.

Independent mayoral candidate for Redland City Council Jos Mitchell. Source: Facebook.

If he does not comply by midnight he may face a contempt of court hearing, the order published by Justice Callaghan stated.

“It is not just the words it's the overall effect of the sign,” Justice Callaghan said during Friday’s hearing.

“What do you say about the fact that the sign is one with white writing on a solid green background, green of a shade which is conventionally associated with the Green Party, what do you say to the proposition that the whole impression conveyed by the sign is strikingly similar - at the very least - to the sorts of signs used by the Green Party?” Justice Callaghan asked Dr Laming.

“Green is a broad term... green simply means green space or maybe being stricter on development approvals,” Dr Laming said, denying he meant the party.

The signs first appeared on Tuesday and Dr Laming alleged in court that after he put up his “Jos = Green$” sign, a “Laming = lies”, he alleged was authorised by Ms Mitchell, appeared next to his signs.

A political sign by candidate Andrew Laming, which has been the subject of an injunction application in the Supreme Court. Source: Andrew Laming Facebook.

Barrister Chris Crawford for Ms Mitchell submitted that Dr Laming’s sign was a “public attack, or political attack” on his client and conveyed the false meaning to the “ordinary reasonable voter” that Ms Mitchell “takes funds from the Greens as a party” and is “affiliated with” the Greens party.

“She is in no way affiliated to the Greens or funded by that party,” Mr Crawford submitted.

Mr Crawford said the sign, with white letters on a green background, was intentionally similar to signs used by The Australian Greens political party to imply a link and Dr Laming had “knowingly published this false statement”.

“My client has sworn that she is an independent candidate,” Mr Crawford told the court.

Dr Laming told the court he created the sign because Murray Eric Haseler, who has previously donated to the Greens Party, also donated to Ms Mitchell’s campaign.

Ms Mitchell swore an affidavit in court that she is independent.

Dr Laming told the court that the Electoral Commission of Queensland website showed Mr Haseler donated $16,000 to Ms Mitchell’s campaign, almost half of the total donations to Ms Mitchell’s campaign for Mayor of Redland City Council.

Former Federal MP Andrew Laming leaves Brisbane Supreme Court. . Picture: Glenn Campbell

He described Mr Haseler as being “an ATM” for her campaign, up until three weeks ago.

ECQ records show that Mr Haseler is from Point Lookout on North Stradbroke Island.

Dr Laming said he did not know whether Mr Haseler was a member of a political party and he did not make any claim about Mr Haseler’s membership of the Greens Party.

“This is legitimate political expression based on evidence that I have published and posted, at no time making any reference to a party, at no time referring to any form of affiliation or funding from a party,” Dr Laming, who represented himself, told the court.

Dr Laming said he was frustrated to spend his day in court fighting the bid to gag him, rather than out on the hustings.

“Now is my final day before the poll is occurring, my opponent is campaigning and my entire day is spent here,” he said.

Ms Mitchell did not appear in court.

The case will return to court next week for a hearing on legal costs.