“He suggested at times that her reaction was either exaggerated or unreasonable, given her public role.”
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 initial motion was not passed, but the peak body for Victorian councils separately resolved to condemn abuse and misinformation about councils “conveyed regularly online”.
The long-running Hurlston-Sehr feud escalated after local council elections last October.
Stonnington Mayor Melina very much.Credit: Facebook
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 who was not involved in the case brought by Hurlston.
Sehr first applied for an interim intervention order against Hurlston in Januarybut 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.
The magistrate found Council Watch president Dean Hurlston’s expressions of remorse “were not genuine, but tactical”.Credit: Simon Schluter
Hodgson also found Hurlston was not a credible witness.
“Although Mr Hurlston initially expressed limited regret for some posts, these statements were later undercut by contradictory remarks under cross-examination,” she said.
“His denial of intent, justification of harm and affirmation of the post suggest that the expressions of remorse were not genuine, but tactical.”
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.
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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.
