Trial set for Toowoomba mum who refused to vote in 2019 election

‘Be quiet’: A magistrate warned a Toowoomba mother, who failed to vote during a federal election, to stop wasting taxpayer dollars and the court’s time, during her dogged pursuit of an alleged jurisdiction issue.

Freyja Rose Pirie leaving the Toowoomba Court House.

Tensions rose during a Toowoomba Magistrates Court sitting when a woman, who failed to vote at the 2019 federal election, repeatedly disregarded a magistrate’s instructions.

Young Toowoomba mum Freyja Roe Pirie was charged with failing to vote after she refused to pay a $20 fine.

When the self-represented woman first had her charge mentioned in July, magistrate Clare Kelly adjourned the case so the Australian Electoral Commission could read and respond to her letter and affidavit.

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.

Freyja Rose Pirie leaving the Toowoomba Court House.

When her case was mentioned on Friday, September 8, the Australian Electoral Commission responded and provided Ms Pirie an 87-page brief of evidence.

Ms Pirie told the court the response was not sufficient and did not address her jurisdiction concerns.

Acting magistrate Rowan Silva said it was a straightforward charge and asked Ms Pirie what she intended to do, however she did not answer the question.

Mr Silva set the case down for a pre-trial hearing to address Ms Pirie’s jurisdiction challenge.

“Your jurisdiction point can be raised as a preliminary issue at that hearing, that way we don’t waste more time and keep everybody longer for you,” he said.

“Your case was mentioned earlier – you weren’t here. Now you want to take up time arguing in this courtroom that the court has no jurisdiction to consider this charge which is simply a charge of failing to vote at an election.

“There is no authority suggesting (the Magistrates Court) lacks jurisdiction.

“I’m not saying you can’t argue it, but I’m not going to waste court time today listening.”

Mr Silva told Ms Pirie given she indicated she was contesting the merits of the charge, he was entering a not guilty plea on her behalf and would schedule a trial for November 27.

She said she did not understand how the case could proceed when jurisdiction was not established.

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

A frustrated Mr Silva told the woman he explained the situation as clearly as possible, noting the short arrest court sitting was not the place for her to argue her point.

“You are not entitled to hold up this court which has other members of the public particularly when you chose to arrive late, just so you can ask the same question,” he said.

“You seem to lack understanding, I suggest that you get advice by a lawyer.

“If you change your mind then you can notify the court… so that the hearing can be cancelled and the taxpayers can be spared the expense.

“I would ask you not say nothing more… it is simply wasting my time and everybody else’s time.”

Ms Pirie persisted.

“I’m trying to write notes – don’t interrupt me,” Mr Silva told her.

“Please be quiet. You seem to be hard of comprehension.”

Ms Pirie said it was never her intention to waste court time.

“This is my name. This is important to me,” she said.
“I have been in communication with (Australian Electoral Commissioner Tom Rogers) since 2019 and I’m trying to ask very simple questions which have never been answered.

“My time is also valuable. It costs money in many different regards for me to stand before you today, I have a child.

“You haven’t even seen the pages which were presented to me by the AEC.

“I’m not challenging jurisdiction, I’m just asking for evidence of it.”

Mr Silva told her that she was entitled to that opinion, and allowed her to remain at large within the community until the matter was dealt with.

Her case will next be before the court on November 16 for a hearing review.