Jury should hear Slipper case, court told

A jury rather than a judge should hear the harassment claims brought by former staffer of federal Speaker Peter Slipper, a judge has been told.

Michael Lee, SC, for James Ashby, said the nature of the issues in the case made it appropriate for a jury, a move he understood would be opposed by the Commonwealth and Mr Slipper.

Mr Ashby has launched Federal Court action against the Commonwealth and Mr Slipper, claiming he was sexually harassed by the MP.

At the first directions hearing on Friday, Mr Lee urged the judge to list the matter for a hearing as soon as possible, citing the public importance of having it dealt with promptly.

But Justice Steven Rares said Mr Lee could not even tell him how many witnesses he proposed to call and queried why it was estimated a five-day hearing was required.

Appearing via videolink from Melbourne, Mr Slipper’s lawyer, Josh Bornstein, said he was in Victoria but wondered “whether I was on a different planet” after hearing Mr Lee’s submissions.

Mr Ashby’s originating claim of April 20 was not properly served on Mr Slipper but the highly salacious and criminal allegations were subjected to a “publicity blitz” in the media, he said.

No internal complaint was made, no application was made to the Human Rights Commission and no other steps were taken to resolve the matter.

“The publicity has been extremely damaging to Mr Slipper,” Mr Bornstein said.

Mr Ashby’s May 15 statement of claim made it clear the case had been “substantially altered” and a number of salacious allegations had disappeared as well as criminal claims.

But he noted the statement was released to the press before the document was served on Mr Slipper.

Referring to the process as “an exercise in ambush” and “character assassination”, Mr Bornstein said his client was getting advice on whether it amounted to “an abuse of process”.

Julian Burnside, QC, for the Commonwealth, said Mr Ashby’s lawyers were “trying to run too fast”, adding that the case did not have the degree of urgency suggested.

Justice Rares set down a timetable for filing various documents and listed the matter for directions on June 15.

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