Former Hughes MP, UAP leader Craig Kelly defends Covid breach

Former United Australia Party leader Craig Kelly has been found guilty of breaching a Covid restriction in Sydney’s south after he was vocal in opposing mandates and vaccines. Watch the interaction.

Former Hughes MP and United Australia Party leader Craig Kelly has been found guilty of breaching a Covid restriction during the height of the pandemic following his outspoken campaign against government mandates and vaccines.

Kelly lost his seat as Hughes MP when he failed to secure enough votes from residents in the federal election last year.

The 60 year old – who sensationally left the Liberal Party then joined the UAP and became its leader in February 2021 – appeared in Sutherland Local Court on Monday to defend a charge of failing to comply with a directive to wear a face covering.

He was found guilty of not wearing a face mask when he walked to meet a crew who was recording him filming TV commercials for the UAP on September 17, 2021 at Prices Circuit, Woronora.

The crew were not accused of any wrongdoing and were wearing masks at the time, the court heard.

At the time, residents over 12 were required to wear a face covering indoors and outside unless in their place of residence but there were exceptions set out in the legislation.

Craig Kelly at Sutherland Local Court on Monday. Picture: Ashleigh Tullis

Kelly, who was self represented, argued he was exempt from wearing the mask because he was working and he did not need to put it on when he was interacting with the kayakers because he was still acting in his capacity as a federal member and needed to enunciate.

The prosecution did not allege Kelly had committed an offence when he was talking to the camera and interaction with the film crew, conceding that was within his work commitments; but alleged he needed to wear it when walking to and from the film set and while interacting with kayakers because that was not within the scope of his work.

The court heard from Woronora local Iris Freeman who said she was in the park when she saw Kelly walk over to the film crew from the carpark not wearing a mask.

Craig Kelly leaving Federal court in July. Picture: NCA Newswire/Monique Harmer

Kelly disputed the allegation and said he did wear a mask when he left the car but removed it when he approached the film crew so he was ready to start filming.

Ms Freeman approached Kelly and filmed an interaction - which was tendered and played in court - on her phone where she questioned why he was not wearing a mask and he told her she “must be the most pedantic person in the world”.

Magistrate Jillian Keily accepted Ms Freeman’s evidence that he was not wearing a mask for the entire walk and that did not fall within the legal exemptions.

A short time later, kayakers stopped nearby and started shouting at Kelly and said “vote Craig Kelly out” while they banged their kayaks.

Kelly during a previous court appearance. Picture: Ashleigh Tullis

Kelly asked them to leave so they could continue filming, claiming in court a crew member had become upset because she feared she would have to stop work and would not be paid.

He claimed the interruption occurred while he was doing his work, adding the kayakers were some distance away and he had to project his voice.

He also claimed that he knew Ms Freeman was filming him and he assumed the footage would appear on social media so he wanted to make his words clear as a federal member.

Ms Keily accepted Kelly’s argument - about him interacting with the kayakers - finding it had “merit” and that he did not need to wear a mask because it was essential he enunciated clearly.

She determined the interaction with the kayakers was within his work and therefore fell within the exemption.

Ms Keily said Kelly not wearing a mask while he approached the crew was not serious because he was outside, not near people and had it had occurred more than two years ago.

She took into account that he had no criminal history and served his constituency for many years before the charge was dismissed with no penalty or conviction imposed.