Mayor wins ‘landmark’ order against Council Watch president over harassment

Stonnington Council has hailed a court order to protect its mayor from a prominent local government activist as a landmark decision to stop abuse of elected councillors that goes beyond fair political commentary.

Melina Sehr, mayor of the inner-eastern Melbourne council, was granted a two-year personal safety intervention order against Council Watch president Dean Hurlston on Tuesday morning.

Council Watch president Dean Hurlston and Stonnington Mayor Melina Sehr.Credit: Simon Schluter and Luis Ascui

Magistrate Michelle Hodgson found “the gendered and personal undertones” of Hurlston’s social media posts and text messages to Sehr over recent years had “crossed the line from fair commentary into targeted ridicule” that he maliciously knew caused mental harm.

“The protections afforded to political discourse do not extend to conduct intended to harm, intimidate or harass under the guise of commentary,” Hodgson said.

Stonnington Council chief executive Dale Dickson strongly backed Sehr in a council statement late on Tuesday that decried “a prolonged and deeply troubling pattern of targeted harassment” and described the intervention order as a “landmark court decision”.

“Everyone has the right to feel safe at work. This case highlighted a deeply troubling pattern of behaviour that no person in public service should ever be subjected to,” Dickson said.

“Across Victoria, we are seeing an increase in coordinated abuse directed at councillors and staff, particularly women. Enough is enough. This kind of behaviour must be called out and addressed.”

In her judgment, Hodgson singled out two posts on Hurlston’s now-defunct Stonnington Council Watch Facebook page as examples of material in an almost 500-page dossier that Sehr presented as evidence that “the tone, frequency and personal nature of Hurlston’s conduct amounted to harassment and stalking”.

The first post accused Sehr of weaponising her mother’s death to avoid questions about an alleged conflict of interest. The second post depicted Sehr as Muppets character Miss Piggy and referred to her as Kermit’s girlfriend.

In a four-day hearing last week for the civil matter, Hurlston argued his comments – though often mocking – were part of a broader tabloid-style political critique that was not harassing and did not intend to cause Sehr harm.

The magistrate found Council Watch president Dean Hurlston’s expressions of remorse “were not genuine, but tactical”.Credit: Simon Schluter

But Hodgson rejected Hurlston’s claim that his conduct was lawful under a right to political expression.

“Whilst robust humorous or satirical commentary on the conduct of local councillors is a legitimate and important form of political expression in a free society, it must be clearly distinguished from conduct that amounts to prohibited behaviour or stalking, where personal malice is a substantial actuating cause of that conduct,” the magistrate said.

“It cannot be shielded by a superficial veneer of political communication or public-interest journalism.”

Speaking to The Age after the decision, Sehr said she was relieved.

“It was a big vindication for me after six years of unrelenting harassment,” she said.

Council Watch has come under increased scrutiny this year as a motion presented to the Municipal Association of Victoria’s annual conference in May singled out the group for allegedly sharing personal abuse and misinformation.

The motion was not passed, but the peak body for Victorian councils separately resolved to condemn abuse and misinformation about councils “conveyed regularly online”.

Stonnington Mayor Melina Sehr.Credit: Facebook

The long-running Hurlston-Sehr feud escalated after local council elections last October.

Hurlston’s partner, Joe Gianfriddo, served as Stonnington mayor before Sehr, but he lost in a single-ward contest against councillor Jami Klisaris, an ally of Sehr.

Sehr first applied for an interim intervention order against Hurlston in January, but was knocked back before she collected new material for a magistrate to consider in April.

She claimed Hurlston’s conduct cumulatively caused anxiety, sleeplessness and an emotional toll that, at times, made her feel public life was untenable.

On Tuesday, Hodgson found that Hurlston’s posts showed “there was ample evidence of ill-will, spite and animosity” towards Sehr.

“This is evident in the derogatory names and images he uses when describing Ms Sehr. The volume of evidence in the exhibit suggested deliberate humiliation – not satire,” she said.

Hodgson also found Hurlston was not a credible witness whose remorse was “not genuine, but tactical”.

“Although Mr Hurlston initially expressed limited regret for some posts, these statements were later undercut by contradictory remarks under cross-examination,” she said.

Hodgson’s order bars Hurlston from creating or administering any online forum “which is used to facilitate repeated, targeted or offensive commentary” about the Stonnington mayor, retaining similar provisions as an interim order granted in April.

Hurlston also cannot come within two metres of Sehr. He was warned he could face up to two years imprisonment if he breached the order. He has not been charged with any crime.

Hodgson said Hurlston was not prevented from “legitimate public or political commentary on [Sehr] in their capacity as an elected councillor”, provided it was “factually based” and was not a harmful personal attack.

Hurlston declined to comment.

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