In the matter of BAUSKIS [2006] NSWSC 908

New South Wales Supreme Court

CITATION : In the matter of BAUSKIS [2006] NSWSC 908

HEARING DATE(S) : 28.7.06, 4.8.06, 23.8.06, 25.8.06

JUDGMENT DATE : 25 August 2006

JURISDICTION : Common Law

JUDGMENT OF : Adams J at 1

EX TEMPORE JUDGMENT DATE : 08/25/2006

DECISION : Guilty of contempt of court.

PARTIES : John Peter BAUSKIS

FILE NUMBER(S) : SC 2006/13638

COUNSEL : Mr R Cogswell SC, Crown Advocate Contemnor unrepresented

SOLICITORS : I V Knight, Crown Solicitor Contemnor unrepresented

Ex tempore - revised

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ADAMS J

FRIDAY 25 AUGUST 2006

13638/06 – IN THE MATTER OF JOHN PETER BAUSKIS

JUDGMENT

1 HIS HONOUR: John Peter Bauskis is charged with contempt in the face of the Court. The particulars of that charge are that the Court having ordered that he should not remain in Court whilst wearing a T-shirt containing the words in large letters "Trial by jury is democracy" he refused to leave the Court and refused a lawful direction to leave made by the officers of the Sheriff. When asked to plead Mr Bauskis declined to do so and, accordingly, exercising the powers of the Court, I entered a plea of not guilty. 2 The circumstances arose out of litigation commenced by one John Wilson and one Eric Jury. The essence of the actions which were commenced by these persons was that they were entitled in the particular circumstances alleged to have a trial by jury. The defendants were instrumentalities of the State of New South Wales. The Crown Solicitor, acting on behalf of the defendants, filed notices of motion seeking summary judgment or to strike out the statements of claim. Those notices of motion, which were filed on or about the 18 July 2006, specified a return date of 24 July 2006. 3 In accordance with the usual practice these, together with other matters appropriate for the duty judge to determine, were called over by the Registrar of this Court. At the time the Registrar did so, a large number of persons, perhaps between twenty and thirty, attended in his Court. It is clear that they were supporters of the plaintiffs, namely, Mr Wilson and Mr Jury. Many wore T-shirts of a kind which has been exhibited in these proceedings and which was worn by Mr Bauskis, containing in large letters the slogan "Trial by jury is democracy". It is inescapable that their coming to the Registrar's Court was by way of supporting Mr Wilson and Mr Jury in their attempts to resist the applications to which I have referred. When the Registrar referred the matter to me, as duty judge, Mr Wilson, Mr Jury and the group which I have mentioned came to Court 2 where it was intended I should sit. 4 When the Court convened the matters were called. Mr Weinstein announced his appearance for the applicants on the notices of motion. Mr Wilson at the bar table, wearing the T-shirt to which I have referred, demanded a jury. I said, "I'm afraid you cannot have one". He said, "You are breaking the law". At this point there was an outcry from the persons gathered in the Court, as I say numbered about twenty to thirty, most of whom were wearing T-shirts identical to that worn by Mr Wilson. They abused me. They shouted offensive statements about corruption. I have no doubt that the reason for this abuse was an attempt to intimidate me in relation to the matter which, I am sure, they were well aware was being agitated by Mr Wilson and Mr Jury. This of itself was a serious contempt of Court. 5 I asked Mr Wilson whether he had any other applications. He asserted, "You are breaking the law and I will arrest you" and he moved forward towards the Bench. I said, "Very well. Remove him please" to a Sheriff's officer in the vicinity. Mr Wilson ignored this and said, "I will arrest you" and then said to the Sheriff's officer, "This fellow is breaking the law and you are aiding and abetting that offence". I said, "Mr Wilson, go. When you have a proper application I will hear what you have to say". Mr Wilson said, "You won't hear anything. I will issue a warrant for your arrest Mr Adams". I said, "There are rules (of conduct) in Court". He said, "You are a fraud and a liar". I mentioned that there were real matters to be determined. He said "A traitor and a fraud" and I directed his removal at which time Mr Wilson said, "I will issue a warrant for your arrest. Expect it." 6 During the whole of this time the Court was in uproar. The persons who had attended to support Mr Wilson and Mr Jury were yelling abuse at me and at the Sheriff's officer. There were references also to their right to trial by jury, Magna Carta, the United Nations and so on. I have no doubt that for some who were lawfully in the Court it was a frightening experience. It was disgraceful conduct. 7 Mr Bauskis has not been positively identified as being present in the Court at this time. However, as will appear from the facts which I am shortly to relate, there can be no real doubt that he was in the Court at this time. 8 I adjourned the Court when Mr Wilson was taken out, hoping that his having been removed would bring about some peace and quiet in the courtroom and enable me to deal with the rest of the list. When I returned, Mr Weinstein mentioned the three notices of motion and started to take me through the case. There were then sitting in Court more or less the same number of persons who had been there earlier and who had acted in an intimidatory and verbally violent fashion. I then said: "… before I do so I have already mentioned to members of the public that a Court of law is not a place for political slogans. If you wish the law to be changed then the place for your slogans is Parliament, not a Court of law. It follows therefore that I must ask you please to go whilst you are wearing those T-shirts." 9 At this a number of persons again shouted abuse. A number loudly insisted upon their rights to wear the T-shirts and asserted I had no lawful authority to direct them either to go or to remove them. "HIS HONOUR: If you wish to hear the proceedings in a courtroom, and members of the public are entitled to do so provided they remain ordered and quiet, you may return without those T-shirts. If you do not go --"