Darwin ex-real estate agent Suzi Milgate claims ‘cream is not an assault’

An ex-real estate agent who allegedly slapped the former chief minister with a cream crepe is battling to take a novel legal argument to the Supreme Court. WATCH THE VIDEO.

A Darwin ex-real estate owner is fighting to take the novel defence that “cream is not an assault” all the way to the Supreme Court.

On Monday Suzanne Lee Milgate appeared before Chief Judge Elizabeth Morris in her repeated push to have her crepe assault allegation heard before a “trial by my peers”.

The former real estate agent was charged with aggravated assault after allegedly slapping a cream crepe into then-Chief Minister Natasha Fyles’s face in September.

She was initially charged with using a carriage service to harass, however that was withdrawn.

Despite Milgate pushing for a trial, Prosecutor Rhiannon McGlinn said there was no need for the “straightforward case” to head to the Supreme Court.

Ms McGlinn pointed out that not only was there footage of the alleged assault, but Milgate had made admissions to the attack.

Outside the court the ex-real estate agent maintained that slapping a politician while holding a fresh cream crepe was not an assault.

She told the NT News that unlike pepper spray, a knife or a gun, “cream is not an assault”.

“Police put pepper spray in people’s eyes and they’re not charged with assault,” she said.

Ms Milgate also called for the “truth (to) come out about the jabs”.

Milgate — who tipped journalists off to her minor court mention — acted surprised when handed three large bouquets outside of court.

Flowers were delivered to Darwin Local Court addressed to Darwin ex-real estate agent Suzanne Lee Milgate ahead of her assault hearing on Monday, May 13.

“Oh my god, someone from the community has delivered flowers again,” she said.

Milgate was later asked by security to remove the flowers from the courtroom.

This is the third time Milgate has asked to delay her assault hearing due to a lack of legal representation.

Milgate told Ms Morris that she had made a Legal Aid application as she had lost her job over the charges.

However after discussions with a Legal Aid duty lawyer, the former real estate agent admitted that she had sent her application to the wrong email address.

Suzi Milgate at the Milgate Real estate, Cullen Bay Darwin. Picture: Pema Tamang Pakhrin

To qualify for Legal Aid funding Milgate must prove she is financially eligible for the free legal service.

In February Milgate advertised her “boutique” real estate business for $250,000 on Seek Business, however that notice is no longer online.

Ms Morris set up a case management hearing for May 27 in order to hear Milgate’s arguments as to why it should be elevated to the Supreme Court.

If that fails, her hearing is anticipated to begin on July 9.