ANOTHER bizarre court hearing in the trial of controversial online commentator Nick Fletcher began on Tuesday with the defendant requesting Magistrate Ian White excuse himself from the case.
Nicholas Francis Fletcher, 51, appeared in the Mount Gambier Magistrates Court facing 18 charges of publishing information about a person subject to a complaint.
Shortly after the hearing began, Fletcher claimed the magistrate’s recent health issues had compromised his ability to hear the case.
“I am formally requesting you withdraw from the case as your health episode has clearly affected your ability to hear this case,” Fletcher said.
Magistrate White refuted the claim, citing hundreds of hearings he has conducted appropriately since returning from sick leave.
“I am very loathed to bring my personal life into this court,” Magistrate White said.
“I have been given conduct of this trial, I run it on behalf of the court, not you.”
Fletcher once again raised his claim that Magistrate White had not addressed “constitutional issues”.
The prosecution argued the fact a ruling had already been made on the “constitutional issues” by a previous magistrate.
“He stated an application against it could be made to the High Court, however no such application was ever made,” the prosecution said.
Fletcher constantly accused the prosecution of lying and repeatedly talked over Magistrate White.
“I am talking, that is a fundamental rule you have to learn to understand, courts have rules,” Magistrate White said.
“I am applying the rules of court and they apply to you.”
Fletcher also accused the magistrate of threatening him with “contempt of court for the seventh time”.
He then raised his own health issues and highlighted the toll the proceedings were taking on him.
“I am not playing this game anymore, I have had three days of not eating and three nights of no sleep,” Fletcher said.
“I can barely see straight.”
Magistrate White eventually adjourned proceedings for a short morning break to give Fletcher and everyone a chance to gather their thoughts.
When the matter returned after lunch, Fletcher once again raised his own health issues and requested an adjournment for the rest of the afternoon.
“My head is just screaming, it is just ridiculous, I cannot do this,” Fletcher said.
Despite this, another witness was called and Magistrate White said he would considvwer the application to adjourn following their evidence.
The evidence from a former Independent Commission Against Corruption (ICAC) investigator related to a meeting with Fletcher about his complaint to the corruption branch.
The court heard at the conclusion of the meeting Fletcher was warned not to make any publication online or to another person about anything relating to the complaint he had made as doing so would be an offence under the ICAC Act.
“I reaffirmed it so he had a proper understanding,” the witness said.
Following the witness’ evidence, Magistrate White granted the adjournment for the rest of the afternoon with the trial to continue this morning.
