‘Bart Simpson defence’ raised in court case between Ultra Tune founder and his ex-girlfriend
Iconic cartoon character Bart Simpson has unexpectedly featured in a court case between the millionaire boss of Ultra Tune and his bikini model ex-girlfriend.
A judge has questioned if the ex-girlfriend of the founder of Ultra Tune plans to run a “Bart Simpson defence” to an accusation she shared a secret recording in breach of a court order.
Bikini model Jennifer Cruz Cole is locked in a court fight with ex-partner and car repair magnate Sean Buckley over recordings allegedly portraying an attack against her.
Now Ms Cole is facing an allegation she committed contempt of court by sharing a recording to other parties in March this year, the Supreme Court of Victoria was told on Wednesday.
“She may accept that she breached the order and seek to purge her contempt and she may take the Bart Simpson defence of ‘it wasn’t me, no one saw me do it, you can’t prove it anyway’,” Justice John Dixon told the court.
The judge said Ms Cole could dispute she committed an act of contempt of court or accept the allegation and “throw herself on the mercy” of the court.
The other variation of the “Bart Simpson defence” was to say “it was Milhouse”, Justice Dixon said.
The model’s lawyer David Baker said he had only come to the case recently and had not consulted with his client about whether she would contest the allegation or rely on the mercy of the court.
An application from the Ultra Tune boss claims Ms Cole breached an injunction by forwarding a copy of a recording to two men, Hisham Hanna and Rodney Cedaro.
“The allegation of contempt is very simple; she did send a copy of the recording or she didn’t,” Mr Buckley’s lawyer John Searle said.
If she admitted she shared the recordings there would be no need to cross-examine witnesses, Mr Searle said.
The lawyer also raised an issue about a recently filed affidavit from Ms Cole in which, he said, she aired “wild allegations” about Mr Buckley.
The allegations in the document have “no place” in relation to the contempt proceedings and were an attempt by the model to put things in the public domain against his client, Mr Searle said.
The judge said the affidavit was not part of the public record and would not be released unless it was aired in open court.
Ms Cole and Mr Buckley, who share a daughter, broke up in December.
Mr Buckley founded the Ultra Tune empire in the late 1970s and the company now has more than 270 franchises that turn over $220 million annually.
Neither Ms Cole or Mr Buckley appeared in court on Wednesday.
The matter will return to court at a later date.