Bizarre antics as appeal granted
Self-styled ‘sovereign’
A FOUL-MOUTHED fisherman who was jailed for his tirade against authorities at Clifton Springs won the right to appeal his conviction yesterday.
Hone Heke was in the County Court, sitting in Geelong, 13 months after he ended up in jail following a bizarre courtroom appearance, where he claimed to be above Australian law.
Representing himself, he again brandished his “sovereign” flag in court yesterday and refused to follow accepted legal customs.
Asked by judge Gerard Mullaly if he wanted to take an oath so that he could give evidence to the court, the man demanded His Honour make an oath to him. His request was denied. “You’re not upsetting me. I’ve got limitless patience,” Mr Mullaly said. “I’ve dealt with countless people like you in the past. You’re not the first and you won’t be the last.”
Heke, of Ballarat, spent 49 days in behind bars after being jailed by Geelong magistrate Ann McGarvie in November 2017 for a series of offences 13 months earlier on the water at Clifton Springs.
Ms McGarvie gave him a three-month sentence after finding him guilty of 26 charges, including counts of obstructing, hindering, intimidating, abusing, threatening and insulting fisheries officers.
“I’ve never heard the term dumb c--- so many times,” Ms McGarvie observed after listening to recordings made on the day. “This was a disgraceful exhibition of contempt and disdain for authority. It was one of the most egregious examples of behaviour I have seen from anyone dealing with anyone in authority.”
At that court hearing Heke refused to accept Ms McGarvie’s authority, and accused her of “treason” and “bias”. He also called the officers who charged him “corporate pirates”.
He even denied that he was Hone Heke — a name he shares with a historic Maori war chief — saying it was a title he used only “for employment purposes”.
“I’m the sovereign for Hone Heke … I stand under my sovereign flag … I do not accept any charge for any matters,” he said at the outset of the hearing, laying his flag on the bar table.
Despite refuting the court’s authority over him, it seems the man now plans to base his appeal on a legal technicality.
Heke was granted permission to make the appeal yesterday, despite the fact his papers were lodged late.
He told the Geelong Advertiser outside court that his magistrates’ court appearance was officially listed as “ex parte”, meaning he believes was not heard during the fourand-a-half-hour court appearance before Ms McGarvie and was not allowed to defend himself.
With 49 of his 90 days in custody already served, Heke was offered the chance to have his sentence reduced if he admitted guilt yesterday.
“There would be no more jail,” said Mr Mullaly, who also offered to reduce the $11,000 worth of fines and costs Heke incurred in the magistrates’ court.
But the man refused the judge’s offer, saying “an innocent man doesn’t cut his losses”, and accusing Mr Mullaly of presuming he was guilty.
Because of that accusation Mr Mullaly recused himself from hearing the man’s appeal, meaning it could not proceed yesterady.