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[1983] FCA 338
Federal Court of Australia
1983-10-26
Davies J
Original judgment source is linked above.
I. The defendant be convicted on the charge brought against him.
a. The defendant pay the Crown's costs to be agreed or taxed.
) ) AUSTRALIAN CAPITAL TERRITORY ) No. ACT G.51i of 1982 DISTRICT REGISTRY )
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
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
| certify that this and the / preceding pages are atruc wv OF ow cessons for
THE QUEEN
PETER JOHN O'DEA