Toowoomba residents front Magistrates Court for failing to vote in 2022 federal election

Toowoomba residents who allegedly refused to vote and pay the subsequent $20 fine have been ordered to face court, with two people appearing before a magistrate this week.

Picture: File

Six Toowoomba residents were due to front court for failing to vote in the 2022 federal election, however only two showed up.

Toowoomba Magistrates Court was heard Toowoomba engineer Mark Francis Eastwood’s failure to vote was a silent protest, however another resident Freyja Rose Pirie, who was willing to pay a fine, said she needed more information on the law.

Acting on behalf of the Australian Electoral Commission, Patrick Flannery dialled into the court from Canberra, on Thursday morning, July 13.

The acting senior government lawyer said the maximum penalty at the time of the offence was a $222 fine.

The court was told if either defendant paid the penalty notice issued for failing to vote, and not had the matter dealt with by a court, the fine would have been a nominal $20.

“While the offence is not serious, having regard of the importance… of the democratic institution it could easily not be regarded as trivial,” Mr Flannery said.

“I do note under the Commonwealth law a conviction must be recorded when a fine is imposed,”

Mark Francis Eastwood

Mark Francis Eastwood leaving the Toowoomba Court House.

Solicitor Troy Krahenbring said his client, Rangeville man Mark Eastwood, held certain political views and “certain thoughts of government ... and the way in which people may conduct their political associations”.

Magistrate Kay Philipson retorted, “I think we all do – it doesn’t stop us from voting”.

Mr Krahenbring said the engineer was acting in a “silent protest,” and had not been to court before.

“I have explained to him… we may have our own views (and) the proper and appropriate way is to not to simply not vote, and there are other mechanisms and I’ve discussed with him those options.”

Ms Philipson said Eastwood was a mature man and she was sure he was already aware of his options.

Eastwood pleaded guilty to failing to vote at the federal election on May 21, 2022, and was fined $323.90, including Mr Flannery’s legal fees.

Ms Philipson said a conviction was recorded.
“You had the opportunity to pay the amount of $20 but you chose not to, such that the matter has now been brought before the court where you’re not only subjected to being liable for the costs of the complainants summons but also a fine with a conviction recorded under the Commonwealth Act (1918),” she said.

Mr Krahenbring did not make any submission in regards to a conviction being recorded.

Freyja Rose Pirie

Freyja Rose Pirie leaving the Toowoomba Court House.

Young Toowoomba woman Freyja Pirie apologised to the court for wasting its time and resources.

While representing herself, she said she was happy to pay a fine but stopped short of entering a guilty plea.

Ms Pirie said she submitted a document to the court outlining a number of questions and concerns in relation to jurisdiction, legislation, references to the Crown, and the proclamation date.

Magistrate Clare Kelly told Mr Flannery, from the Australian Electoral Commission, that she would adjourn the case to give him an opportunity to read and respond to the letter.

Ms Pirie told the court she required a lengthy adjournment as she was ‘flying away’ and the overseas trip was non-refundable.

Her case will be back before the court on September 8.