CATCHWORDS Penalty - Wilful ansult - Royal Commission + ee a4 « ed THE QUEEN v PETER JOHN O'DEA No. ACT G.S1 of 1982 Coram : Davies J. Canberrs 26 October 1983 IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY. No. ACT A.51 of 1982 IISTRICT. REGISTRY wee ee GENERAL, DIVISION THE QUEEN Prosecutor PETER JOHN O'DEA Tefendant ORDER Settee ~ oN ' wr nee JULGE MAKING ORDER Davies, J. UATE OF ORDER 26 October 1983 WHERE MADE Canberrs I. The defendant be convicted on the charge brought against him. THE COURT ORDERS THAT 2. The defendant te penalised $150. & stay of paynent of 30 days ke granted. 4. In default of pryment of the penalty or any part thereof the defendant be imprisoned for 24 hours, that period to cover the totality of the fines amposed in this proceeding and proceeding Nos. ACT G42-50 of 1982. a. The defendant pay the Crown's costs to be agreed or taxed. IN THE FEDERAL COURT OF AUSTRALIA ) ) AUSTRALIAN CAPITAL TERRITORY ) No. ACT G.51i of 1982 DISTRICT REGISTRY ) ) ) GENERAL DIVISION. THE, QUEGN Prosecutor PETER JOHN O'DEA Yefendant REASONS FOR, JUDGMENT . (ex temptre) 26 October, 1983 NAVIES, J On 4 October 1983 tm proceeding No. G.S1 of 1982 I found Peter John O'Dea guilty of wilfully imsulting tne Royal Commission established to anquire aimto activities of the Australian Building Construction Employees' and Builders Labourers' Federation. Mr O'Dea 1s therefore convicted on that charge. It was submitted by counsel for Mr O'fes that he did not intend to insult the Commission and that he was directing himself to the political motives behind the establishment of the Commission, and to the effect on justice of the holding of a commission, particularly one that does not proceed aun a structured manner ty way of presentation of evidence with respecl to particular issues. Notwithstanding that, Mr O'DTea's statement was a serious affront to the Commission. Iodonot thank this 15 2 case for imprisonment. The penalty which may be awarded ais $200. Alithough 1t 15 not the mast serious ansult that could be made to the Commission, nevertheless it was 3 serious imsult. I comsider i1t appropriate to impose PB penalty of $150. tT apart a stay of payment of 30 days and Tf anclude that penalty within the defsult order that I have made with respect to proceeding Nos. ACT G42-50 of 1982. order that the defendant pay the Crown's costs to be agreed or taxed. 8 ee ryt - 9g oF Ane | certify that this and the / preceding pages are atruc wv OF ow cessons for JUdgment herein of une Court AGE. Associate. Dated 1ofiu/e3