Yarra mayor cleared of assault charge at Fitzroy party
Yarra Mayor Stephen Jolly has been found not guilty of punching a masked protester at a post-election celebration almost two years ago.
The long-time councillor was facing a single count of unlawful assault related to an incident that occurred at a venue on Smith Street in Fitzroy on November 1, 2024, where about two dozen supporters had gathered to celebrate the recent election results.
Community worker Estella Burrows and three friends attended the event to protest against the mayor. She alleged that Jolly punched her in the cheek during an ensuing altercation. Jolly pleaded not guilty to the offence.
There were no seats remaining in the small courtroom at Melbourne Magistrates’ Court on Friday morning as Magistrate Jill Prior handed down the decision.
Prior said that while she was satisfied that Jolly had struck Burrows in the face, the prosecution failed to prove beyond reasonable doubt that this contact had been intentional.
“I am satisfied [contact] occurred. I am satisfied that the video shows a forward motion towards Ms Burrows,” Prior told the court.
“[It was] a chaotic scene that ends almost as soon as it begins … Things escalated very quickly, perhaps in a way that no one intended.”
A 40-second video filmed by one of the protesters emerged at the centre of the contested hearing, which lasted five days and called on 16 witnesses.
The Age is unable to publish this footage, as it was not released by the court despite an application made by various media outlets.
The prosecution alleged that this video depicts the moment that Jolly punched Burrows. The defence argued that the “ambiguous footage” shows a scuffle between multiple parties, and if there was any physical contact between Jolly and Burrows, it was either coincidental or an act of self-defence.
Prior said there was “limited footage” of the event, but that it was consistent with the fact that Jolly had made contact with the protester.
The court previously heard that Burrows and her three friends attended the venue to protest what they alleged is his past mistreatment of women, and had a history of protesting against the mayor.
Some members of the group wore masks to the venue and one person brought a megaphone – telling attendees that Jolly was a “rapist, domestic abuser [and] sexual harasser”, according to a video played in a previous court hearing.
Burrows alleged that the mayor assaulted her by punching her in the cheek during an ensuing altercation – with her friend saying he appeared “wide-eyed”.
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