Man convicted over abusive tirade in court has charge overturned
A man who unleashed a tirade of abuse during a Workers Compensation Tribunal hearing in Adelaide has been cleared of one count over the incident.
Markham Moore-McQuillan was found guilty of three aggravated counts of threatening harm after unleashing what prosecutors described as "a tirade of abuse and offensive language" at Justice Trevor Olsson and WorkCover lawyer Peter Salu in October 2011.
He appealed two of the charges and on Friday was acquitted of one.
During his trial, the District Court heard Moore-McQuillan became angry and agitated during the tribunal hearing, and audio recordings captured his outbursts.
"We've still got fucking things to fix before [Dr Salu] gets up - and if he gets up I will fucking stand on my feet and I will knock him down," he was heard saying to Justice Olsson.
"You were a failure of the Supreme Court, and you are a failure here. You couldn't be fucking bothered, and all you do is stick up for your own fucking kind, so there you go. You will be the next one fucking six feet under."
The hearing, to allow Moore-McQuillan to seek compensation for a workplace injury, continued on for a few minutes until Moore-McQuillan's behaviour worsened.
The trial was told that as the judge left the bench, Moore-McQuillan was "purple-faced and enraged" and continued with his spray.
"I wish you'd have a heart attack between now and then, and then we can have fucking justice done once and for all," he said
'Don't forget I know where you live as well'
The court heard he then turned his attention to Dr Salu and his instructing solicitor, James Bruun.
"If you don't want to turn up again little fellow, fucking feel free not to come because you're a fuckwit, and if you can't handle it, go away," he said.
"And if you want me to come around to your place, I will, the same as you used to do to me, and Zulu [Dr Salu] knows that because he fucking organised people to come around as well.
"Don't forget I know where you live as well."
Moore-McQuillan was found guilty of threatening Dr Salu but not guilty of threatening Justice Olsson.
He challenged his convictions in the Court of Criminal Appeal, saying the words he uttered were not a threat and he did not intend to carry out any threat.
The court ruled the trial jury could not have been satisfied beyond reasonable doubt who Moore-McQuillan had directed the words "I know where you live" towards.
Justices David Peek, Malcolm Blue and Kevin Nicholson said the verdict of guilty on the charge relating to that phrase was unreasonable.
But, the guilty verdict on the other charge, which related to him "knocking down" Dr Salu, will stand.
Submissions on Moore-McQuillan's sentence will be made in December.
