Anti-vax activist denies fundraiser broke law
A prominent anti-lockdown identity is fighting allegations she broke fundraising laws while raising more than $60,000 to support her legal defence.
Monica Smit, 35, and her company, Reignite Democracy Australia, are facing a contested hearing in the Melbourne Magistrates’ Court after a financial backer complained he thought the fundraiser was a “scam”.
Both Ms Smit and the company have pleaded not guilty to operating an unregistered fundraiser and failing to comply with a notice demanding information.
More than a dozen people joined a weblink to watch the case, including one named “vaccine scam”, after Ms Smit shared a link on social media, but the webcast was cut by Magistrate Brett Sonnet because all parties were present physically.
“Ms Smit, I run my own court,” he said.
Retiree Damien Hutchinson told the court he donated $5 to a fundraiser for “Monica’s legal defence support” in September 2021.
He said he later made a complaint to Consumer Affairs Victoria, who is bringing the allegations, after receiving a follow up email saying leftover funds would be used to protect the liberties of other Australians.
“I thought the raising of the funds was potentially a scam,” he said.
A Consumer Affairs Victoria prosecutor alleged the fundraiser raised $66,544.98 but neither Ms Smit nor Reignite Democracy Australia had registered as required by the Fundraising Act.
She said it was further alleged communication was sent to the company requiring details about the fundraiser, however Ms Smit “only answered some of the questions”.
Defence lawyer Gareth Rogers said his focus would be on the definition of fundraising under the act, arguing there was no requirement to register because the fundraiser was “on behalf of an employee who was arrested conducting Reignite Democracy Australia activities”.
In response to the alleged failure to respond to the notice, Mr Rogers said they had “invited” Consumer Affairs to explain why they needed the information but had not received a response.
The court was told the fundraiser was set up in September 2021 while Ms Smit was in custody on unrelated criminal charges alleging she breached Covid-19 mandates and inciting others to attend protests.
The incitement charges were later dropped by prosecutors, and Ms Smit was found guilty without conviction of failing to comply with health regulations despite arguing she was attending as a journalist.
Called to give evidence, Ms Smit said the fundraiser was set up without her knowledge while she was in solitary confinement but that she continued to promote it after she was released due to mounting legal challenges.
She told the court all funds obtained were used to pay legal bills, including a High Court challenge to the validity of a warrant for her phone data that cost about $80,000.
Ms Smit said she had received legal advice from Mr Rogers, who was employed in-house at Reignite Democracy Australia, and believed she was cooperating with the investigation “as much as we thought we had to”.
The case was adjourned until Tuesday by Mr Sonnet, where the parties will make their final submissions.
