‘Making Susan’s life a living hell’: Activist fronts court over harassment charges against MP

Detailed summary

Austin Mackell is arguing bail conditions barring him from contacting MP Susan Templeman impinge on his constitutional right to political communication.

Austin Mackell contacted his local member’s office approximately 192 times, it is alleged.

On one day, the 43-year-old pro-Palestine activist made up to 43 phone calls. He swore at staff and called them names. He threatened to attend the office of Susan Templeman, federal member for Macquarie, in person, and follow her staff in their cars.

According to the Crown, which has charged Mackell with the offence of using a carriage service to menace, harass or offend, his sample communications include, “if you don’t answer the phone you’re going to see me in the street”, and “my only option is to catch you on the street between the car and the office … tell Susan to respond to my emails … she’s a coward”.

But Mackell says his prosecution is “malicious” and “politically motivated” and a violation of his right to free speech.

On Wednesday, he appeared before the NSW Court of Criminal Appeal arguing his bail conditions should be dropped because they unreasonably impinge on his freedom.

The conditions prevent him from contacting Templeman or her former chief of staff. He is also prohibited from entering Templeman’s electorate office.

In one voicemail, according to Crown submissions, Mackell said: “the more you ignore me the angrier I’m going to become … that means making Susan’s life a living hell or your life a living hell”.

In another, according to documents, he called a staff member “a little f---ing Eichmann”. It was followed by an email where he referred to “you racist amoral complacent little eichmanns”.

Mackell’s allegedly abusive messages were almost exclusively about Palestine, and the Albanese government’s foreign policy on Israel’s bombardment of Gaza, which has been called a genocide by a United Nations commission of inquiry.

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