Lawyers of former MP Kathryn Hay try to get charges dismissed on technicality

The lawyers of former MP Kathryn Hay sought to get her charges dismissed on a technicality, as hearing continues in Launceston. Why the attempt failed.

Kathryn Hay with her defence lawyers Marcia Edwards and Dermot Connors leaving the Launceston Magistrates Court. Picture: Stephanie Dalton

The legal team of former MP and Miss Australia Kathryn Hay have attempted to get her emotional abuse charges thrown out of court on a technicality.

Kathryn Isobel Hay, 48, has pleaded not guilty to one count of emotional abuse and intimidation of ex-partner Troy Shane Richardson from January 2014 to November 2022.

Ms Hay, the 1999 Miss Australia, served in Tasmania’s parliament as a Labor member from 2002 to 2006.

She appeared at the Launceston Magistrates Court hearing on Thursday, where her defence lawyer Dermot Connors made a “novel” submission to Magistrate Simon Brown.

Mr Connors said that some allegations against Ms Hay were in breach of section 9A of the Family Violence Act 2004.

In his submission, he said that a complaint against Ms Hay did not occur and that it did not “raise to the threshold of causing mental harm, apprehension or fear in Mr Richards”.

“There is no evidence that Ms Hay made a throat-slitting gesture that caused him harm or fear or was controlling him,” he said.

The gesture Mr Connors was referring to was caught on body-worn camera by Senior Constable Kate Springer when she assisted Ms Hay in collecting her belongings from Beaconsfield property on February 12, 2022.

“The video speaks for itself,” Mr Connors said.

“It’s particularised as Ms Hay making a throat-slitting gesture towards Mr Richardson – and it certainly is not a throat-slitting gesture.”

Kathryn Hay with her defence lawyer Marcia Edwards leaving the Launceston Magistrates Court. Picture: Stephanie Dalton

Mr Connors said as there was a limitation period for offences under section 9A of the act, that the period for a complaint to be made against Ms Hay had passed.

“This prosecution is fatally flawed,” he said.

Mr Brown said while it was “quite a novel submission” made by Ms Hay’s defence team, he found sufficient evidence for the complaint.

“The short answer to that submission is that the complainant made that gesture,” Mr Brown said.

“For that to be the case, the defence’s submission fails.”

Ms Hay then took to the stand to give evidence and denied the allegations she assaulted Mr Richardson or used bad language with him.

“I don’t like bad language but I remember writing some bad language in at the end of our relationship,” she said.

Ms Hay told the court her marriage to Mr Richardson was “extremely toxic”.

“Troy would tell children he was dying of Covid or starvation, and they would start crying,” she said.

“He became aggressive … very violent, very forgetful, angry at me and the children – it’s why we moved away because of that behaviour.”

Ms Hay will be cross-examined by the prosecution when the hearing continues on Friday.