“THIS is not a court of vengeance, it is a court of justice.” 

So said Bega District Court Judge Robison on Wednesday in regards to a Facebook campaign against a Tantawangalo horse owner convicted for animal cruelty.

In April, Janice Northey was convicted on 54 counts of animal cruelty resulting in almost $60,000 in combined fines, vet bills and court costs, and a ban from owning horses for 10 years (BDN, 23/4).

However, the conviction was made in the absence of Northey in court and she applied for its annulment.

That application was rejected and its subsequent appeal bumped up to District Court.

In making his decision on Wednesday, Judge Robison said he accepted Northey did not appear in court on April 22 for her hearing and subsequent sentencing, but said he was satisfied “she had been hindered by her mental illness and her fear of attending court”.

In regards to the fear of attending court, Judge Robison referred to the Facebook site “Save the Penderlea Horses” and described “vigilante protesters” and “cyber-bullies” who had put a call out for supporters to attend Bega court on Northey’s April hearing date.

“Frankly I find these comments quite appalling,” Judge Robison said.

“If that’s not intimidating, I don’t know what is.

“It’s almost intimidating this court.

“This is not a court of vengeance, it is a court of justice.” 

“Ms Northey at all times retains the presumption of innocence and those involved in these social media posts seem to have ignored this concept – which can also apply to them.

“It is clear any person subject to such a social media campaign, with or without mental health issues, would have concerns for their safety.” 

Judge Robison’s decision on Wednesday to set aside the refusal of the annulment application and all orders of the Local Court magistrate means the matter will return to the Local Court for hearing.

Judge Robison said he “respectfully disagreed this application is an abuse of process” and that her non-appearance at court in April “cannot be considered in a vacuum”.

“Accordingly I grant the application and remit the matter to the Local Court.”

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