‘Shocked’ Roxy Jacenko hits back after massive smackdown
Roxy Jacenko has spoken out after a judge rejected her legal fight, saying her evidence was “hollow, unpersuasive and exaggerated”.
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A “shocked” Roxy Jacenko has hit back at a massive public smackdown of her by a scathing magistrate after the PR queen’s expensive legal action and anticipated victory backfired on her.
Jacenko’s perfectly curated life took a tumble on Thursday when she was publicly branded as “hollow, unpersuasive … exaggerated” and basically not believable.
This damning assessment of picture perfect Roxy was not about her ability as PR, but of her credibility as a witness, under oath in a courtroom in a matter in which Jacenko was meant to be the victim.
And Roxy has exclusively revealed to news.com.au that she was “shocked and very disappointed” and believes the judgment was “unfair” and the magistrate “got it wrong”.
But she also said that like “everything that’s come my way over the past few years, Oliver’s jailing, getting through breast cancer I’ll move onward and upward”.
The smackdown for Roxy came about 2.30pm on Thursday in courtroom 4.3 on level four of the Sydney’s Downing Centre Local Court which was crammed with media.
Armed with a top Sydney barrister, surrounded by an entourage, Jacenko had been prepared for victory in her application for a restraining order against her alleged tormentor.
Instead she was lashed by a magistrate with extensive experience in dealing with cases involving murder, kidnapping and sexual assault.
The judgment delivered by magistrate Allison Hawkins was meant to be Roxy’s moment of triumph over her adversary, a public shaming of the phantom she alleged was behind a humiliating campaign against her.
Graffiti saying “Roxy is a c**t” or “Roxy is a dog” had been daubed on the outside wall of her Sweaty Betty PR office, on roadways, over the side of a council builder’s skip.
Even magistrate Hawkins conceded the slogans were “mortifying”.
But lewd Instagram posts with photos of Roxy and her husband written over with taunting sexual innuendo, Ms Hawkins deemed merely “quite offensive” or “puerile”.
Her Honour then went on to say the man Roxy had carefully constructed a case against, businessman Anthony Hess, was not the graffiti perpetrator.
He hadn’t done anything all, except having “incredibly poor taste”, Ms Hawkins said.
And confident “well in control” Roxy herself could not be scared of him, Ms Hawkins told the court, saying her claims of fear had been inflated.
Further, Roxy’s Talent Manager Mason Brown had given “exaggerated” testimony about where this alleged campaign of attack on Roxy had begun, at a $500-a-head speaking event at The Ivy in February last year.
According to Roxy’s case, drawn out by her QC, the eminent Greg James, this was the moment when her fear began, an altercation with Anthony Hess.
RELATED: Roxy Jacenko flees court in tears after magistrate’s ‘damning’ judgment
Caught on video, and replayed in the courtroom, the incident shows Mr Hess and a female friend exiting the event before it starts saying they had been “abused”.
Ms Jacenko tells Mr Hess to “take a deep breath”, be “professional” and “show … respect”.
Mr Hess does not manage to say much more as Ms Jacenko delivers a speech about “appropriate” behaviour and Mr Hess and his friend leave.
Greg James QC’ case for Roxy was that Mr Hess’ aggression began in that moment caught on video, continued thereafter on Instagram, and in the mysterious, but undeniably vile graffiti posts.
But Ms Hawkins was having none of it.
To the suggestion Mr Hess had yelled at Roxy, Ms Hawkins said “I do not accept this evidence.
“I find it was (Roxy) who elongated the interaction.”
She found Ms Jacenko’s notion that Mr Hess who was “in my face shouting” had been “grossly exaggerated”.
“I find (Roxy’s version) exaggerated and distorted and I can’t accept it.
“I find her evidence hollow and unpersuasive.
“I can’t be satisfied the applicant (Roxy Jacenko) had any real fear of the defendant (Anthony Hess).
“The application is refused.”
The courtroom fell quiet. Reporters turned their glances from Her Honour to Roxy.
It was only a failed AVO application, but it felt like a fall from grace.
And like a beautifully outfitted fashion model in impossibly high shoes toppling over on the runway, Roxy’s fall was in the glare of the media spotlight.
Her eyes wet with tears, she dashed from the court.
At the front of the building, where Roxy might have expected to hold an impromptu press conference about her win, it was Anthony Hess who was celebrating.
Roxy slipped past the cameras.
Mr Hess danced for them and offered opinions about the likely source of the vile graffiti that are unfit to print.
On Friday, Ms Jacenko told news.com.au: “Her Honour failed to appreciate … that my own competence did not mean I was not and am now not in fear.”
Roxy said that since The Ivy encounter with Mr Hess, she had not been able to hold her namesake public seminars which she had done so since 2014, now taking them online.
“I fought for this AVO extension based on fears for my own personal safety and with all women in mind, in the hope of having a voice and protecting myself,” she said.
“In my opinion … quite frankly I feel Her Honour got it wrong.”
Asked if the magistrate’s findings about her were hurtful, Roxy described them as unfair.
“The finding that my demeanour and evidence on the stand was not credible nor reflective of someone who is afraid is completely unfair," Ms Jacenko said.
“Any person in my situation would have held reasonable and genuine fears for their safety when considering the facts as a whole.”
She said Mr Hess had shown “arrogance on the stand”.
Mr Hess agreed in his testimony that in an initial phone call with police about the graffiti, he had initially said he “wasn’t even living in Sydney” at the time of the alleged offence.
“Regardless of whether it’s a lie, I didn’t do the graffiti,” he told the court.
Roxy told news.com.au she would, as she always had, get on with her life.
“As with everything that’s come my way over the past few years, Oliver’s jailing, getting through breast cancer, I’ll move onward and upward from this and have immediately increased my security measures to ensure my family, myself and our properties are safe.”