A mature-aged student from the University of New South Wales (UNSW) launched defamation proceedings against a fellow alumnus over a Facebook post. However, his case took a significant turn after he sent a series of aggressive emails to the judge, leading to a judicial rebuke and a temporary suppression of his name.
The student, identified as Milton Kelly, 50, sued Andrew Perish, alleging a Facebook comment made at 2 a.m. was defamatory. The specifics of the Facebook post are unclear, but it was described as a comment made by Mr. Perish on a mutual friend's profile.
During the proceedings, Justice Wass of the NSW District Court expressed her disapproval of Kelly's conduct. She noted that Kelly had sent multiple emails to the court, some containing offensive language and threats. In one instance, Kelly suggested to Justice Wass that she might not understand the impact of being called a paedophile because she is a woman.
Kelly's legal team applied for his name to be suppressed, citing concerns for his safety and employment. The judge initially granted this suppression, but later decided to lift it after reviewing the barrage of emails Kelly had sent.
Justice Wass stated that while she had initially granted suppression, Kelly's subsequent conduct, including his emails, demonstrated a disregard for the court's authority and the integrity of the legal process. She questioned whether the court should continue to shield someone who appeared to be acting in such a manner.
Kelly has a history of defamation claims, with at least three related to UNSW since 2020. The court heard that his actions in this case could be seen as an "own goal," undermining his own case and his efforts to maintain anonymity.
As a memento of the proceedings, Mr. Parish commissioned sketch artist Elaine Yin to capture the courtroom's atmosphere during the heated exchange between Justice Wass and Mr. Kelly.
