Former Acting Council General Manager Barry Paull, fights assault allegation by journalist Madeleine Achenza

The alleged assault of a young journalist at a Southern Highlands pub that cost a senior council executive his job is the subject of a gruelling two-day special hearing involving high-profile witnesses. Find out what happened.

The alleged assault of a young journalist at a Southern Highlands pub that cost a senior council executive his job is the subject of a gruelling two-day special hearing involving high-profile witnesses.

Former Acting General Manager of Wingecarribee Shire Council Barry Paull, 53, appeared at Moss Vale Local Court on Wednesday and Thursday to fight the charge of assault.

Police allege Mr Paull assaulted a 23-year-old journalist at Moss Vale Hotel at around 6pm on March 9 2021, after a heated extraordinary meeting where the suspension of Council had to be considered (which it was, three days after the alleged assault).

Former acting general manager Barry Paull is fighting the charge that he allegedly assaulted former Southern Highlands Express journalist Madeleine Achenza on the evening of March 9 2021.

Southern Highlands police officer Senior Constable Orr, who was also cross-examined, attended the scene about an hour later and bodyworn camera footage showed him interviewing Ms Achenza about what happened after she took the three photos from the entrance / hallway, for her story on the possible suspension.

“As I backed out, I held my camera and the general manager grabbed my arm between my shoulder and elbow quite forcibly,” Ms Achenza said.

“He squeezed my arm which caused discomfort.

“He pushed me back while still holding it, held for about 5 seconds until Peter yelled “let go of her” and I was able to walk away.”

Police confirmed she did not need medical treatment.

Prosecutor Peter Robinson believed Ms Achenza’s account and said there was “clearly a blind spot” between the cameras at Moss Vale Hotel.

Former Southern Highlands Express journalist Madeleine Achenza alleges she was assaulted by former acting general manager Barry Paull at the Moss Vale Hotel.

But Mr Paull’s lawyer, Tom Howard, argued the alleged assault was a ‘stunt’ organised by Southern Highlands Express owner Jane King and local “stirrers and council critics” for a “scoop” and to further discredit and plummet Wingecarribee Shire Council into suspension.

Both Peter Smyth and Paul Samulski denied the above allegations.

Mr Howard suggested that Mr Smyth tipped off Ms King about the councillors location, saying that they are friends and that he sometime rents out his office to some Express staff. Mr Smyth said he “couldn’t recall” whether he was in touch with Ms King on that night.

Christian King, the chief operating officer of the Express and son Ms King, was also called up as a witness, after being in touch with Ms Achenza about the alleged incident throughout the night and also accompanying her to the police station to make her statement.

He told the court that Ms Achenza was either notified on the night or the next morning that her alleged assault would be their front page news.

Mr Howard said Ms Achenza was just “caught up in all of this” and “put in a difficult situation” after only working there for a month, and felt a responsibility to maintain the “exaggeration.”

“You (speaking to Ms Achenza) found yourself in the position where the Kings decided to make a story of what had happened to you, where you had to adhere to it,” Mr Howard said.

She rejected the notion.

He also said the incident was covered by several news publications and that the interviews she did within 24 hours of the alleged incident catapulted her from “a nobody in journalism” to gaining significant personal publicity.

The alleged incident occurred in Moss Vale Hotel. Picture: Niki Iliagoueva

According to Mr Howard it also gave the Express publicity and Mr Smyth, who was interviewed by Ben Fordham on 2GB radio.

Mr Smyth said in court that he saw Mr Paull “manhandle” Ms Achenza in the hallway, however Mr Howard pointed out that by the time CCTV footage shows Mr Synth entering the hallway, there was already “physically separated by this point.” Mr Smyth then clarified that he could only see Mr Paull’s arm on Ms Achenza through the ‘hatch’ between the bar and the private room.

Going by the CCTV footage, Mr Howard said the two men wouldn’t have had a clear view into the room – like they said they did – through the ‘hatch’ between the bar and private room, also noting that they were both vocal critics of Council and had an “axe to grind.”

They agreed that they were vocal critics, however Mr Samulski said he didn’t have an “axe to grind” and was supportive of some of Mr Paull’s actions.

Mr Howard asked Magistrate Melissa Humphreys to “dismiss their evidence as manufactured, inconsistent and unreliable.”

Though Mr Robinson believed time inconsistencies to be common when recounting evidence, especially when this alleged incident occurred 18 months ago.

He said the same for the councillors and professional staff who were also cross-examined, with some saying their vision was blocked or weren’t looking at the time, and others that they simply can’t remember.

When being cross-examined, former councillors Graham McLaughlin and Larry Whipper were the only ones in the room who said Mr Paull possibly touched her camera to push it down but said they couldn’t be sure.

Former Acting General Manager of Wingecarribee Shire Council Barry Paull (in the middle), attending Moss Vale Local Court with his lawyer and partner. Picture: Niki Iliagoueva

Mr Paull’s police interview was also provided to the court, which his lawyer read out:

“I was trying to block her from taking a photo, I had no intent of pushing or intimidating her, just pushing the camera out of my face,” Mr Paull said.

During the hearing, Magistrate Humphreys said “there aren’t proper grounds to make a decision.”

She also classified John Crawford, Graham McLaughlin, Grahame Andrews and Larry Whipper as ‘unfavourable witnesses.’

Due to not having the court transcript readily available, the matter was adjourned to August 16 at Moss Vale Court, whereby Magistrate Humphreys will appear via audiovisual link from Sutherland.

CORRECTION: The Bowral News previously had Peter Smyth and Paul Samulski listed as unfavourable witnesses and has amended this.