Lambie’s lawyer asks magistrate to throw restraint order application out

A restraining order application against Tasmanian Senator Jacqui Lambie by a former staffer has been described as a “public circus” which should be thrown out of court. LATEST >>

Jacqui Lambie. Picture Gary Ramage

A RESTRAINT order application against Tasmanian Senator Jacqui Lambie by a former staffer has been described as a “public circus” which should be thrown out of court.

In a hearing in the Burnie Magistrates Court on Monday, Senator Lambie’s lawyer Glynn Williams told Magistrate Tamara Jago the application by Fern Messenger was intended to “publicly degrade and cause embarrassment to his client”.

Mr Williams filed an application that the restraint order application be ruled an abuse of process.

“At no time has she served a medical report to back up her claims that she has suffered a mental injury,” Mr Williams said.

“It is inadmissable hearsay with no medical experts here in court to be cross examined.”

Former National Party Member of Parliament Rob Messenger and his wife Fern who has become involved in an extraordinary legal row.

Mr Williams told the hearing Mrs Messenger’s application was full of “conspiracy theories” and that no evidence or relevant material had been put forward.

“Even on a courtesy reading it is offensive, fanciful and degrading material. I ask these proceedings be terminated early.”

Magistrate Jago told Mrs Messenger she needed to provide witnesses if she wanted to claim Senator Lambie caused her mental harm through “stalking and harassment”.

The claim is based on an email Mrs Messenger alleges Senator Lambie sent in January.

She claimed the email sent by Senator Lambie was designed to reduce her resolve to continue unlawful dismissal proceedings against the Senator.

“If restraint is not placed on Ms Lambie I will endure more personal injury,” she told the court. She told Magistrate Jago there was a clear pattern of behaviour by the Senator which showed she was a threat.

In February, the parties were sent to mediation but the matter was not resolved.

“If you are going to assert something you need to enable for it to be challenged,” Ms Jago said. “The rules of evidence apply.”

Mrs Messenger then began to weep in the court.

After a break, Mrs Messenger asked that the case be adjourned so she could make arrangements for her treating psychiatrist to give evidence.

Magistrate Jago told Mrs Messenger she was concerned the paperwork she had tendered to the court to support her case contained “lumps of material” which did not meet proper process.

“I am struggling to understand the relevance of much of it,” Magistrate Jago said.

Mrs Messenger told the court she could not afford legal advice and would continue to represent herself with the support of her husband Rob – who is also a former member of Senator Lambie’s staff.

Magistrate Jago adjourned the hearing until July 31 when she would rule on Mr Williams’ application to dismiss the case as an abuse of process.