Ultra Tune boss Sean Buckley’s civil case against ex-girlfriend Jennifer Cruz Cole delayed
Ultra Tune boss Sean Buckley — now facing criminal charges of assault and stalking — made the bizarre move to try and delay the civil case he initiated against his ex-girlfriend.
Victoria
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Ultra Tune boss Sean Buckley’s decision to launch civil action against his ex-girlfriend for sharing secret tapes could be used against him as he fights criminal charges, a court has heard.
The millionaire took bikini model, and the mother of his child, Jennifer Cruz Cole, to the Supreme Court along with his employee, Anthony Swords, over recorded conversations that appeared to portray a “violent attack”.
But the car repair magnate, now facing criminal charges of assault and stalking, wants to delay the civil case he initiated as his lawyers expressed fear that the action could be used to “arm the prosecution” against him.
His lawyer, barrister John Searle, told the Supreme Court on Monday that evidence before the civil hearing “may allow the prosecution to develop a case against Mr Buckley which would otherwise not be developing”.
Were the civil case not paused, it would “erode entirely” Buckley’s right to stay silent, Mr Searle said.
The court heard Buckley had already given two affidavits in the Supreme Court over the recordings, that were now in-part the subject of a prosecution in Melbourne Magistrates’ Court.
Lawyers for Ms Cole and Mr Swords argued against halting the case, stating it was Buckley who started the whole thing.
“Mr Buckley chose to start this matter,” said barrister Stephen Palmer, for Swords.
“These defendants have been put through all of this costs, all of this trouble as a result of a decision made by Mr Buckley and Ultra Tune to commence the proceeding.
“What Mr Buckley wants to do is continue to hold this over the heads of the defendants … for what purpose, we ask?”
Associate Justice Melissa Daly decided to hold off the civil matter, which will return to the Supreme Court at a later date.
Meanwhile, a five-day hearing over Buckley’s criminal charges is listed in the Melbourne Magistrates’ Court in February.