Former Palm Island Council mayor Mislam Zacchias Sam sentenced in Townsville Magistrates Court for stalking Lex Wotton

A former mayor has been sentenced in a Townsville court for stalking after he sent ‘abusive and threatening’ messages to a candidate a week before the council elections.

Former Palm Island Council mayor Mislam Zacchias Sam sentenced in Townsville Magistrates Court for stalking local government candidate Lex Wotton

Just one week before the council elections, a former mayor was charged with stalking when he left a barrage of drunken, ‘abusive’ voicemails and text messages on a local candidate’s phone.

Former mayor of Palm Island Council Mislam Zacchias Sam appeared in Townsville Magistrates Court on Tuesday morning after committing offences the prosecution described as a tactic to ‘intimidate’ activist and former mayoral candidate Lex Wotton.

Police prosecutor Kimberly Rodgers-Ford told the court Sam was still mayor when he committed the offences on March 8 between 10.20pm and 12.50am.

“A total of 17 missed calls were received by Mr Wotton in that period, they were transferred to voicemail and those voicemails were left by Sam,” Ms Rodgers-Ford said.

“Sam’s voice is recognisable and indicated he was affected by alcohol during those messages.

“The nature of those messages were abusive and threatening, derogatory comments were made towards Mr Wotton’s sexual preferences and he repeatedly referred to Mr Wotton as a dog via text message as well.”

The court was told when interviewed by police, Sam admitted to having consumed two bottles of wine before making the phone calls.

“In the interview he showed clear remorse and said he should have shown better judgement in his position and said there had been ongoing feuding with Mr Wotton on a political front and that he was sick of that and that was the reason why he was not running for mayor,” Mrs Rodgers-Ford said.

Former mayor of Palm Island Mislam Zacchias Sam was sentenced in Townsville Magistrates Court Tuesday August 13, 2024 for stalking Indigenous activist Lex Wotton during the election.

The prosecutor described that the offending took place after Mr Wotton made social media posts criticising how the Palm Island Council had been running which Sam took offence to and thereby sent the abusive messages.

“Mr Wotton is completely within his rights to criticise the local government, it’s simply unacceptable that Sam was engaging in this type of conduct,” Mrs Rodgers-Ford said.

“We live in a democratic nation, Sam’s actions should be held to a higher standard and realistically the effect could’ve been due to his actions that Mr Wotton was intimidated enough to drop out of the race.”

The prosecution also highlighted that this type of conduct required “very strong denunciation” by the courts.

“There’s been quite a number of legal matters whereby councillors have been found to be engaging in very inappropriate dealings, some of which have been the subject of criminal charges and now once again we have another councillor before the court for inappropriate behaviour,” she said.

Defence lawyer Nick Westcott from Osborne Butler Lawyers appeared via phone and submitted from the outset that a conviction should not be recorded as it would impact Sam’s ability to hold a Blue Card which he required for his current role as executive manager of Palm Island Community Company.

“I appreciate Sam was in a position of power but in all the circumstances, it’s my submission it was a private affair, it had nothing to do with the election at the time and it wasn’t open to the public domain,” Mr Westcott said.

Mislam Sam (right) told police his ongoing political feud with Lex Wotton (left) was his reason for standing down from his position as mayor, the court was told.

“He even went to the extent of saying he should have reacted better, fundamentally he’s a human we all make mistakes, it was a stressful time, it doesn’t excuse it but it provides context.”

Mr Westcott also clarified that Sam had already “relinquished” his role as mayor prior to the offending.

“He had stood down from that position, I understood the election was being fought out between Mr Wotton and another candidate,” he said.

Magistrate Susan Warrington said she wanted to point out to Sam that the maximum penalty for a stalking charge was five years, and three years in a magistrates court but acknowledged the references submitted to the court on Sam’s behalf.

“Looking at your history this behaviour does seem out of character, you have a limited and dated criminal history with no relevance,” Her Honour said.

She referenced the letter submitted by Sam’s wife and partner of 27 years who explained the pressure her husband had been under.

“She described the stressors associated with being the mayor of Palm Island particularly during Covid, you were criticised for the way you managed that period,” Her Honour said.

“She describes that you remained calm and collected and described you as an honest, hardworking man who fought for better living conditions on Palm Island.”

Her Honour said that while sentencing the former mayor she needed to most importantly deter others from such conduct but said recording a conviction would prevent him from continuing aspects of his work.

Sam pleaded guilty to one count of unlawfully stalking.

He was fined $750, no conviction was recorded.

Originally published as Former Palm Island Council mayor Mislam Zacchias Sam sentenced in Townsville Magistrates Court for stalking Lex Wotton