Analysis

In court, judges are extremely careful about the extent to which propensity evidence is allowed, because of the risk of a defendant being treated unfairly. Ms Dyhrberg said she disregarded previous incidents.

Cr Vandervis did not participate in her investigation. From the information she gathered, she said it was clear the incident happened much as the three complainants described.

Ms Dyhrberg believed witnesses did not exaggerate the severity of the incident.

Cr Laufiso thought Cr Vandervis did not appreciate the behaviour was scary and intimidating for women.

Cr Whiley said Cr Vandervis lacked insight into how he came across.

One of the more damaging comments came from Cr Vandervis himself. Responding to a claim his face was just 20cm from the deputy mayor’s, Cr Vandervis said he was ‘‘insufficiently fond’’ of her to get anywhere near that close.

Cr Vandervis seems not to have grasped the relevance of power dynamics.

Fondness is one reason for faces to get so close. Intimidation is another.