AVO imposed to protect Byron deputy mayor Sarah Ndiaye from John Anderson, aka Fast Buck$

The magistrate found that an AVO was necessary to protect the councillor, after a man’s actions escalated and crossed the line between criticism and harassment.

Byron's deputy mayor Sarah Ndiaye outside Byron Bay Local Court after an AVO was finalised to protect her from John Anderson. Picture: Liana Boss

A vocal critic of Byron Shire Council allegedly crossed a line in his behaviour toward a local councillor, a court has heard.

An application for an AVO to protect deputy mayor Sarah Ndiaye from John Anderson – aka Fast Buck$ – was brought by police before Byron Bay Local Court on Monday.

Mr Anderson has not been charged with any offence.

The court heard Mr Anderson previously asked for an adjournment to seek legal advice but on Monday, after he’d been given more time, he did not show up for court.

Magistrate Karen Stafford decided to impose an AVO in Mr Anderson’s absence, based on evidence before her.

Ms Stafford said based on that information available to her, it was “necessary” to impose the order for Ms Ndiaye’s protection.

Ms Ndiaye was called to the witness box to briefly confirm a statement she provided in May was true and correct.

Ms Stafford said when the matter went before her shortly before 11am, there had been “no explanation” for Mr Anderson’s “non-appearance”.

She said she was satisfied, on the balance of probabilities, that there were reasonable grounds for the AVO.

John Anderson being escorted from the Byron Shire Council chambers in Mullumbimby during the April 2021 ordinary meeting. Police were also called to a meeting in May when Mr Anderson initially refused to leave when asked, but ultimately left of his own accord before officers arrived. Picture: Liana Boss

“I’m very mindful of the fact the events that give rise to this application have arisen in the course of local council meetings (which) are open to the general public,” Ms Stafford said.

“I’m mindful of the fact that in this democracy people can express their own political views.

“They may not of course agree with other people’s politics.

“In this court, politics plays no part in my decision-making.”

Ms Stafford said her decision was not in any way related to Mr Anderson’s “right to express his opinions, even at a council meeting or in public locations”.

She found Ms Ndiaye had genuine fears of the commission of a personal violence offence.

“A personal violence offence doesn’t always have to be physical contact,” she said.

“However I am satisfied on the basis of her statement, that has not been challenged in court, that she did at least at one stage fear she was about to be physically assaulted.”

The court heard Ms Ndiaye also demonstrated she was made to fear Mr Anderson would intimidate her.

Evidence before the court relied on interactions from October 2019, March 2020 and April and May this year.

The most recent involved Mr Anderson entering an area not open to the public within the council chambers in Mullumbimby.

“In light of the continuation of his conduct towards her and the escalation of that conduct … it is my view that there are reasonable grounds for the fears held by (Ms Ndiaye),” Ms Stafford said.

“I do take into account the fact … people may have very strong views that they wish to outline in public.

“I’m also mindful of the fact people who put themselves up for election for public office must have a degree of tolerance for views that are even put very stridently and continuously.

“And those who take up public office must expect that there will be criticism of their work.

“But there comes a point where opposition, criticism, and critiques pass into the engagement of conduct that amounts, at law, to harassment so that it amounts at law to intimidation, such that a court order is necessary to stop a continuation of that behaviour.”

Ms Stafford imposed an AVO for two years, which includes the condition that Mr Anderson must not approach Ms Ndiaye or attempt to contact her in any way.