MELBOURNE, VIC. — Former CMFEU secretary, 61-year-old John Setka, was granted bail on Friday for a third time.
Setka was bailed for a third time after continuing sending harrasing messages and vowed to keep posting online after he appeared before the Melbourne Magistrates’ Court on Friday night after police arrested him at his Footscray home and charged Setka (again) with using a telecommunications device to menace, using a telecommunications device to offend and two counts of committing an indictable offence whilst on bail.
Evidence presented to the court included screenshots of Steka sending messages to CMFEU administrators, which Setka also published on his social media feeds, telling administrators to “Go kill himself” and to “F–k their wh-re mothers.”
The court heard that during his latest arrest, Setka told police that he would “continue posting once he left court.”
The prosecution read a long list of previous similar offences, arguing that it was a targeted and calculated attack against CMFEU members.
Setka’s well-paid and very expensive defence lawyer argued it was unlikely Setka would serve a term of imprisonment, even if found guilty.
“This is not a matter where there will be a resolution soon – it can take many months to reach a conclusion,” Setka’s lawyer told the court.
The magistrate acknowledged the ‘strong language’ used in Setka’s social media posts could cause mental distress to those targeted, but that the communications “Were not threatening in nature.”
The magistrate granted bail, noting that remand would “likely exceed any potential prison sentence,” with conditions including a prohibition on Setka threatening or harassing any employee or representative of the CMFEU administration, or anyone named in the charges.
Setka is also barred from making social media posts containing threatening, harassing, intimidating or profane language of any individual named in the charges
Setka will re-appear before the Melbourne Magistrates’ Court on Thursday, September 3.
