Judge chides ex-Lambie staff couple

A FEDERAL Court judge has chided Senator Jacqui Lambie’s former chief of staff and office manager for using an unfair dismissal case management hearing to make accusations against people who could not defend themselves.

Justice John Snaden on Friday ruled a journalist and another Senator Lambie exstaffer would not be compelled to give evidence in the upcoming trial involving the termination of Rob and Fern Messenger’s employment.

Justice Snaden told the Messengers he was not persuaded the application to subpoena the pair to give evidence was “anything more than a fishing expedition”.

“You are using this forum as a way to say things about people who cannot defend themselves. There is no new evidence, just idle speculation,” Justice Snaden told the couple. “I have given you some leeway as you are representing yourself, but you cannot keep asserting things that are nothing more than speculation and suspicion.”

The married couple’s employment with Senator Lambie’s office finished in May, 2017. They are alleging to be victims of adverse action and reprisal under the Public Interest Disclosure Act and the Fair Work Act.

The unfair dismissal trial will get under way in September. If Senator Lambie were to be found guilty of taking reprisal under the PID Act, she could face two years in prison.

The Messengers asked Justice Snaden to grant leave for Sunday Telegraph political editor Annika Smethurst and former Senator Lambie employee Norbert Koegh to be subpoenaed to give evidence. The Messengers claimed Ms Smethurst would be able to give evidence about who leaked the letter of complaint to her.

The letter was the basis of an article Ms Smethurst wrote in June 2017, in which it was claimed the Burnie-based Senator took staff shopping at adult stores, complained about her sex life and was prone to angry mood swings.

“We are the victims of a serious crime,” Mr Messenger alleged in relation to the leaking of the letter to the press. “The document was leaked to injure us.”

The Messengers are also involved in action in the Burnie Magistrates Court.

Magistrate Tamara Jago will rule on July 31 whether she will grant Fern Messenger’s application for a restraint order against Senator Lambie.