‘Frightening, disconcerting’ and ‘escalating’: Byron’s deputy mayor Sarah Ndiaye explains why she needed protection

Sarah Ndiaye said she wanted to address issues which were making her workplace feel unsafe. Meanwhile, John Anderson reveals his thoughts on the matter.

Byron Shire councillor Sarah Ndiaye outside Byron Bay Local Court on Monday, June 7 and John Anderson (aka Fast Buck$) being escorted from the council chambers by police in April. Pictures: Liana Boss

Byron’s deputy mayor has responded to a court’s decision to impose an apprehended violence order against a member of the public.

Deputy mayor Sarah Ndiaye said she was “grateful” for Byron Bay Local Court magistrate Karen Stafford’s decision to grant an AVO against John Anderson, also known as Fast Buck$.

Mr Anderson did not appear in court when the matter was dealt with on Monday.

The order, imposed for two years, has banned Mr Anderson from being able to approach or contact Ms Ndiaye.

Mr Anderson has since confirmed he would seek to have the AVO annulled, citing a misunderstanding about the date of the court listing.

“It’s not about trying to curb anyone’s freedom of speech,” Ms Ndiaye said outside court on Monday.

“The vast majority of people can conduct their conversations and focus around issues instead of people.”

Mr Anderson was asked to leave the council’s chambers in Mullumbimby multiple times, including in April and May this year.

On those two occasions, police were called to the chambers when he refused to leave.

John Anderson being escorted from the Byron Shire Council chambers in Mullumbimby during the April 2021 ordinary meeting. Picture: Liana Boss

The court’s decision to impose an AVO

In her findings on Monday – based on unchallenged evidence before her in Mr Anderson’s absence – magistrate Karen Stafford said she was satisfied Ms Ndiaye held a genuine fear for her safety and that there were “reasonable grounds” for those fears.

Ms Stafford said this evidence alleged an “escalation” in Mr Anderson’s behaviour.

“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,” Ms Stafford said.

The statement referred to interactions from October 2019 March 2020, and April and May this year.

Ms Stafford said on one occasion, Ms Ndiaye’s “actions of crouching down” in response to Mr Anderson’s behaviour demonstrated “a genuine distress and fright that she was experiencing and a situation which has made her workplace both stressful and frightening”.

There have been no criminal charges laid against Mr Anderson.

The Byron Shire Council chambers in Mullumbimby.

Claims of “frightening” interaction

Ms Ndiaye said a particular interaction where Mr Anderson entered an area not open to the public was “frightening and disconcerting”.

“I … feel very strongly this sort of behaviour would never be tolerated in any other workplace,” she said.

“I don’t think the onus should be on someone in my position to take out an AVO, given the circumstances.

“It’s a really challenging role being a councillor and I love it, but our community relies on us to be able to focus on the issues at hand and it’s very difficult to do so when someone has taken it upon themselves to target you.”

She said Mr Anderson’s behaviour had made the council chambers become “an unsafe-feeling workplace”.

Byron Shire Council's deputy mayor Sarah Ndiaye.

Mr Anderson seeks to have AVO annulled

Mr Anderson said he didn’t appear in court on Monday because he was “mistaken about the date” of the AVO application being considered.

He said on Tuesday, he filed an application to have the AVO annulled.

This application has been listed for June 21.

If an annulment is granted and the police AVO application is considered afresh by the court, Mr Anderson said he would oppose it.

He firmly denied allegations his actions would have made the deputy mayor fearful.

“I was mistaken about the (court) date,” Mr Anderson said.

“I didn’t know it was on, I misunderstood (the magistrate).

“I wasn’t aware that there was anything on in the court (on Monday) so they made orders in my absence.”

He said when the matter first went before the court two weeks prior he was served at 7am the day it was due to be in court.

“I haven’t had the chance yet to put my side of the story,” he said.

Mr Anderson said he would refute claims he gave Ms Ndiaye grounds to be fearful.

“I’ll argue it (the case) should be reopened,” he said.

Mr Anderson said the council had also issued him with a ban from its chambers and administration buildings, including the library, in Mullumbimby.

He said this created a political issue, particularly if he decides to run for council in September.

“I’m keeping my options open,” he said.