Bondi hoarder Elena Bobolas loses conviction appeal for obstructing Waverley Council officers during property clean-up

Elena Bobolas has appealed against her conviction and fine for obstructing Waverley Council workers cleaning up her property in July 2015 — but a District Court judge was having none of it.

Elena Bobolas on a previous court appearance. Picture: Stephen Cooper

A Sydney hoarder who failed to win an appeal against her conviction for wilfully obstructing Waverley Council workers carrying out a court-ordered clean up of her Bondi property has maintained she is innocent of the charge, boldly declaring to a judge: “I’ve done nothing wrong”.

Elena Bobolas was found guilty of the offence and fined $2,000 in 2019, four years after she and her sister Liana were arrested and charged amid allegations they breached a Land and Environment Court order not to go within 10 metres of council workers or machinery being used to clean up their property at 19 Boonara Ave.

The court at the time heard police had issued several warnings to the two women about disobeying the order, however the pair repeatedly ignored them and were combative and argumentative, at one stage claiming they were victims of “police brutality”.

Waverley Council has been at loggerheads with the Bobolas family for almost two decades over the accumulation of rubbish at their Bondi property. Picture: Troy Snook

Elena was arrested after standing in front of a parked truck in which council workers were loading rubbish and debris from the property.

In finding the pair guilty, Magistrate Jacqueline Trad rejected their version of events, noting video footage of the two-day operation played in court contradicted the sisters’ claims.

“I am extremely comfortable in making the observation that police appeared to act with considerable patience, indeed compassion, particularly compassionate when dealing with (Elena and Liana’s mother and the property owner) Mary Bobolas,” Magistrate Trad said in her 2019 judgment.

“No force of note was used in the circumstances and indeed it is important to note that there was considerable obstruction and provocation from Liana and Elena Bobolas.

“They continued to argue with police throughout the course of the footage.”

Elena was fined $2000 and Liana $5,100 after she was found guilty of three counts of wilful obstruction.

However, Elena appealed the decision to the NSW District Court, claiming she had been attempting to give her sister her heart medication when she moved towards a truck parked at the site and her actions were neither “obstructive” nor “wilful”.

Judge Sharron Norton on Friday dismissed the appeal, finding the magistrate’s reasoning and determination of Elena’s guilt had been correct.

Elena Bobolas during one of the court-ordered clean-ups at her family’s Bondi home. Picture: Bradley Hunter

“I find beyond reasonable doubt that on July 21, 2015, and indeed on the day prior, (Elena Bobolas) wilfully obstructed attempts by workers to carry works authorised by the Land and Environment Court.

“The appellant continually debates the effect of the orders, frequently returns to areas where work is being carried out, and her actions are intentional and deliberate.”

Elena maintained her innocence in the wake of the judge’s findings, telling the court her $2,000 fine should be reduced because she had not committed a crime and was “poor”.

“I didn’t do anything wrong your Honour, and I didn’t do anything wilfully,” she said.

“I am poor, I didn’t do anything wrong, I shouldn’t be penalised for doing nothing wrong.”

Judge Norton agreed to reduce the fine to $500.