Christmas behind bars for Demons duo who sneaked into WA

The decision to sneak into WA for the grand final could cost two rabid Demons fans their careers, with the pair sentenced to at least three months jail.

Two rogue Melbourne fans will spend Christmas behind bars after pleading guilty to breaching Western Australia’s Covid laws by sneaking into the state to ­attend the AFL grand final.

At Perth Magistrates’ Court on Wednesday, Prahran bar owner Hayden Burbank, 49, and his financial planner mate Mark Babbage, 39, were sentenced to 10 months in jail. Each admitted three counts of failing to comply with a direction under WA’s Emergency Management Act.

Burbank and Babbage will serve three months in jail immediately, with the remaining seven months to be suspended.

Police prosecutors said the pair deserved immediate prison terms for their actions, which began with a departure from Melbourne for Darwin on September 14, followed by a flight to Perth on September 22.

The court was told the duo used faked documents – including a driving licence and a tenancy agreement – to convince WA authorities to let them over the border.

After getting into WA, and then into Perth’s Optus Stadium, both were pictured celebrating with Demons officials and players in the changerooms following the victory over the Western Bulldogs.

Burbank on the ground at Optus Stadium after the grand final.

Burbank & Babbage celebrate the win on the final siren.

Babbage’s lawyer, Seamus Rafferty, admitted his client’s actions were selfish and an “appalling decision”.

He said Babbage should get a prison term, but he was deeply sorry, it was a first offence and he admitted his guilt early.

The court was told that Babbage’s name appeared on an NT vehicle registration document and ANZ bank statement with an NT address, both of which were alleged to be not genuine. An NT residency agreement, with both names on it, was also used.

“We accept that is serious because there is an element of deceit,” Mr Rafferty said.

“It is so out of character – he is deeply remorseful for his conduct. It is unthinking, it is callous, it is the old ‘She’ll be right’ thought process. That is the best way to ­explain it.”

WA police arrested the pair in the exclusive Bunker Bay community in WA’s southwest on September 28 following a public appeal and a manhunt.

The court was told that Babbage, who is fully vaccinated, had travelled from Mt Hotham to Melbourne and then the NT.

Hayden Burbank is seen in the Melbourne rooms mingling.

Mr Rafferty argued that the combination of a grand final on one side of the country, and a lockdown on the other, had affected Babbage’s thinking.

“If you can’t go anywhere, if you can’t do anything, it is very hard,” Mr Rafferty said.

“You get excited. You don’t think you are hurting anybody.”

Mr Rafferty cited Babbage’s Xavier College schooling, a degree in aerospace engineering and post-graduate qualifications in financing.

He also referenced Babbage’s top-class skiing career in various Australian teams, including competing in the moguls at the World Cup.

Burbank and Babbage with the cup.

Burbank’s lawyer, Andrew Tehan, said the forced closure of his client’s Prahran bar because of continued lockdowns had taken a mental toll.

“He was dealing with a financial crisis, in isolation … his mental health issues were going largely unchecked,” Mr Tehan said.

He said that, as a consequence, Burbank’s ability to make proper judgments had been impaired.

Mr Tehan said Burbank was “extremely remorseful”.

“It was a spur-of-the-moment decision that snowballed into something much bigger,” he said. Both Burbank and Babbage face an NT court hearing on November 16 in relation to the allegedly fraudulently ­obtained documents.

Legal experts say the pair could face professional ruin because of the convictions.

Babbage, a financial adviser, could spark a probe by the Australian Securities and Investments Commission into his conduct.

Burbank, who owns swanky Prahran bar Morris Jones, may face a liquor ­licence review.

The AFL and Melbourne Football Club will also consider sanctions.

Magistrate Matthew Holgate said the offences were serious because of the dishonesty involved and because they had potentially exposed the 61,000 people at the grand final to Covid-19.