Monica Smit ordered to pay $250K after WINNING unlawful Covid arrest case

Summary

Monica Smith, a prominent Australian activist, discusses her legal victory against unlawful arrests during Melbourne's COVID-19 restrictions. Despite winning two-thirds of her case and proving her arrests were unjust, she faces a potential $250,000 legal bill for rejecting a settlement offer. Smith emphasizes the importance of public vindication over monetary compensation and warns of the chilling effect on justice-seeking individuals.

Takeaways

• 📖 Monica Smith, an Australian freedom fighter, faced three arrests during the COVID-19 pandemic in Melbourne.
• 📖 She self-represented in court against a team of lawyers and won a partial victory, proving two out of three arrests were unlawful.
• 📖 Despite her win, Monica was ordered to pay over $250,000 in costs for rejecting a settlement offer and pursuing a public trial.
• 📖 The settlement offer was $115,000, which Monica found insulting and lacking in accountability from the police.
• 📖 Monica sought a public apology and vindication, which she views as more important than the monetary compensation.
• 📖 The judge awarded her only $4,000 in damages for the two unlawful arrests, citing her resilience as a reason for the low compensation.
• 📖 Even if Monica had won all three cases, the cost order would still have been issued due to her rejection of the settlement.
• 📖 Monica is planning to appeal the cost order to encourage others to pursue justice without fear of financial repercussions.
• 📖 She emphasizes that her case could set a precedent for others who have been unlawfully arrested during freedom rallies.
• 📖 Monica encourages people not to be afraid of pursuing justice, even if it means facing high costs, and to take deals if it suits their situation.

Q & A

Who is Monica Smith and what is her significance during the COVID era in Melbourne?

Monica Smith is described as one of Australia's most fearless freedom fighters from the COVID era. She was arrested multiple times during the COVID restrictions in Melbourne and is known for her legal battles against the authorities.

How many arrests did Monica Smith experience during the COVID madness in Melbourne?

Monica Smith experienced three arrests during the COVID madness in Melbourne.

What was the outcome of Monica Smith's court case regarding her arrests?

Monica Smith proved that two out of her three arrests were unlawful, effectively winning 66.66% of her case.

Did Monica Smith have legal representation during her court case?

No, Monica Smith self-represented herself against a team of lawyers, including two barristers and two solicitors.

What was the financial offer made to Monica Smith to avoid going to trial?

Monica Smith was offered $155,000 to avoid going to trial.

Why did Monica Smith reject the financial offer to avoid trial?

Monica Smith rejected the offer because it did not include a public apology or any form of accountability from the police.

How much was the judge's award for the two unlawful arrests in Monica Smith's case?

The judge awarded Monica Smith $4,000 in damages for the two unlawful arrests.

What was the cost order against Monica Smith after winning her case?

Monica Smith was ordered to pay up to and over $250,000 to the losing team after winning her case.

What message does Monica Smith believe the court's decision sends to the public?

Monica Smith believes the court's decision sends a dangerous message that even if you win a case, you can still lose in the end if you don't take a deal and pursue public vindication.

Does Monica Smith regret not taking the deal and going to trial?

No, Monica Smith does not regret her decision because she believes it is important to stand up for her rights and set a precedent for others who have been unlawfully arrested.

What is Monica Smith's stance on cost orders in court cases?

Monica Smith understands the existence of cost orders to prevent court system overload, but argues they should not apply to her case due to its public interest and her public profile.

Outlines

00:00

📢 Public Vindication Over Financial Settlement

Monica Smith, an Australian freedom fighter from the COVID era, discusses her experience in court after being arrested three times during Melbourne's COVID restrictions. Despite the police's offer of $155,000 to settle out of court, she chose to pursue a public trial to prove her innocence and seek public vindication. She successfully argued that two of her arrests were unlawful, winning 66.66% of her case. However, the judge awarded her only $4,000 in damages, which was significantly less than the settlement offer. As a result, she was ordered to pay over $250,000 to the losing team for the costs of the trial, highlighting the potential financial risks of seeking justice through the court system.

05:03

💸 The High Cost of Justice

Monica Smith continues to discuss the financial implications of her legal victory. She explains that even if all three arrests were deemed unlawful, the judge indicated that the damages would have been only $9,000, which is still less than the settlement offer. Smith emphasizes the message this sends to the public: that pursuing justice and winning a case against the state can still result in significant financial loss. She plans to appeal the cost order, arguing that it discourages people from seeking justice and sets a dangerous precedent. Despite the financial setback, Smith expresses no regret for her decision to go to trial, as she believes in standing up for her rights and setting a precedent for others who have been unlawfully arrested.

10:04

🔗 Stay Updated on the Fight for Justice

The video script concludes with a call to action for viewers to stay informed about Monica Smith's case and her appeal. It directs them to visit 'fightthe.com' for updates on her legal battles and those of others who have been fighting for their rights. The paragraph serves as a reminder of the ongoing struggle for justice and the importance of public support in these cases.

Keywords

💡Public Vindication

Public vindication refers to the act of clearing one's name or reputation publicly, often through a legal process or public statement. In the context of the video, Monica Smith sought public vindication by proving in court that her arrests were unlawful. This was important to her as it served to publicly exonerate her and highlight the misconduct of the authorities.

💡Unlawful Arrests

Unlawful arrests refer to instances where individuals are detained by law enforcement without proper legal authority. In the video, Monica Smith's case revolved around two out of three of her arrests being deemed unlawful, which she successfully proved in court, illustrating the theme of individual rights and the accountability of law enforcement.

💡Self-Representation

Self-representation in legal terms means representing oneself in a court of law without the assistance of a legal professional. Monica Smith won her case against a team of professional lawyers by self-representing, which underscores the theme of personal empowerment and the ability of an individual to fight for justice.

💡Cost Order

A cost order is a directive from a court that one party must pay the legal costs of another party. In the video, Monica Smith was ordered to pay a significant amount to the losing team after winning her case, which raises questions about the fairness of the legal system and the financial barriers to justice.

💡Settlement Offer

A settlement offer is a proposal to resolve a legal dispute outside of court, often involving financial compensation. The video discusses how Monica was offered a settlement to avoid going to trial, which she rejected in pursuit of public vindication, highlighting the conflict between financial pragmatism and the pursuit of justice.

💡Contemplation of Police

Contemplation of police in this context refers to the critical examination of the actions and conduct of law enforcement. The video suggests that Monica's case and her decision to go to trial were driven by a desire to hold the police accountable for their actions.

💡Judicial System

The judicial system encompasses the courts, their procedures, and the application of the law. The video discusses Monica's experience with the judicial system, expressing both hope for its fairness and questioning its practices, particularly in terms of cost orders.

💡Appeal

An appeal is a legal process where a higher court reviews the decision of a lower court. Monica Smith mentions her intention to appeal the cost order, indicating her belief that the decision was unjust and that the legal process should continue.

💡Freedom of Speech

Freedom of speech is the right to express one's opinions without censorship or restraint from the government. The video implies that Monica's arrests were related to her exercising this right, particularly during protests, and her case is a testament to the importance of this freedom.

💡Legal Precedent

A legal precedent is a previous court decision that serves as an example for future cases with similar circumstances. Monica hopes that her case could set a precedent for others who have been unlawfully arrested, showing the potential impact of her legal battle.

💡Public Profile

A public profile refers to the visibility and recognition an individual has in society. Monica's public profile as a freedom fighter is mentioned as a reason for her to reject a private settlement and pursue a public trial, emphasizing her role as an advocate for others.

Highlights

Monica Smith, a freedom fighter from the COVID era in Melbourne, faced three arrests and sought public vindication.

She self-represented against a team of professional lawyers and won 66.66% of her case, proving two out of three arrests were unlawful.

Despite winning, she was ordered to pay up to $250,000 for the legal costs of the losing team.

She was offered $155,000 to avoid trial but sought a public apology instead.

The judge awarded her only $4,000 in damages for the two unlawful arrests.

Monica argues that the court system's cost order is a deterrent for people seeking justice.

She believes the message from the system is that one will lose even if they win in court by not taking a deal.

Monica emphasizes the importance of not being afraid to pursue justice, even if it means facing high costs.

She is considering an appeal to challenge the cost order and set a precedent for others.

Monica highlights the potential for her case to help hundreds of people who were unlawfully arrested during freedom rallies.

She explains that the cost order against her is due to her public profile and refusal to take a deal.

Monica encourages others not to fear taking a deal if they don't have a public profile.

The case has raised awareness about the potential financial consequences of fighting for one's rights in court.

Monica's story is a call to action for people to share her experience to bring attention to the issue.

She is committed to fighting multiple upcoming cases, making it her job to stand up for justice.

Monica understands the purpose of settlement offers but argues they shouldn't apply to her case due to its public interest.

The transcript concludes with a call to visit fightthe.com for updates on Monica's case and appeal.

Transcripts

it sends a really dangerous message to

people that if you stand up for yourself

if you don't take a deal because you

want public Vindication if you embarrass

the police if you embarrass the system

if you embarrass the government and even

if you self-represent against a team of

professional lawyers and win your case

you will still lose in the end because

you didn't do what everyone else does

they take a deal behind closed doors we

save all the embarrassment that could be

in a public trial that's what they want

people to

do one of Australia's most Fearless

freedom fighters from the covid era has

finally had aain court for three arrests

during the covid madness here in

Melbourne now we caught up with Monica

Smith during the trial and we also

caught up with the lead witness the

commanding officer in charge of those

arrests who during the case had nothing

to say hey sir how you going do you want

to apologize to victorians for what

Victoria Police did during Co there we

go so Victoria Police absolute contempt

to victorians the case is now over and

joining us now to share the results

Monica Smith thank you for joining

us how'd you go

Court I got exactly what I wanted Arvy

which was public Vindication um I

couldn't get an apology of course but uh

when your case is basically the same

thing as an apology even though it's

forced so um I proved to the court that

two out of the three arrests were

unlawful um so I guess you could say I

won

66.66% of the case and uh if your

viewers don't already know I

self-represented against a whole team of

lawyers uh two barristers and two

solicitors and a whole firm back at the

office supporting them and it was just

little old me there on my own and I won

so it's it's quite um an exciting

verdict I would say but it's not all

good news because I've been following

closely what's happened and yes you've

been Vindicated but after that

Vindication was had what were you hit

with so it has costed me well it could

cost me uh up to and over

$250,000 for the pleasure of winning my

case it does sound crazy but let me

explain it won't take take long um

basically I got offered

$155,000 before the trial to avoid going

to trial uh my counter offer was I don't

care about the money I want a public

apology like Arvy from Rebel news got

for example and they refused to give me

any s any sort of accountability public

apology or even a even they didn't even

offer me a private apology by the way

and because it wasn't about the money

for me I had to go to trial to get that

public Vindication which I got got

however the judge only awarded me

$4,000 in Damages for two unlawful

arrests basically it seemed like uh it

was because I gathered myself together

so well and I'm not a mental wreck that

I should not get as much damages but

anyway because I was offered

$115,000 by to not go to trial and the

judge awarded me only

$4,000 according to the court system I

basically lost in their eyes because I

could have achieved a better outcome and

avoided trial however my argument was

then and is still now that I wanted the

public Vindication I could not get that

in mediation I tried to get it and

that's why I went to trial and I've

gotten what I wanted so I think the

outcome is more favorable than mediation

but the court system doesn't agree so

yes I've been ordered to pay

$250,000 to the losing team um for the

pleasure of well I wouldn't say the

pleasure I would also say for the

audacity to reject their offer now can I

just clarify is the reason the cost

order so they offered un mediation to

settle on $115,000 you didn't accept it

was that did you not accept it because

the the other terms of the

settlement were unacceptable to you is

that right it just it came with no

accountability so they weren't going to

apologize like they did to me or

anything like that that's right and they

maintained that they lawfully arrested

me three times that they did nothing

wrong they did say that I could talk

about the deal I could talk about the

$115,000 being given to me Etc but

that's not a talking point for me at all

um I wanted the public Vindication and

that's why I said no you wanted people

to know that they what they did was in

fact unlawful which we now do know that

at least two of them were exactly so

they were wrong on that count and I got

to be honest the $155,000 the money

itself didn't really play a role for me

however I will say that $115,000 for

three unlawful arrests and 45 minutes in

the back of a police van for no reason I

thought I thought that that was a pretty

insulting number it wouldn't have made a

difference if it was higher but I think

it was reasonable for me to say no to

that amount and just for the record even

if all three arrests were deemed

unlawful the judge said out loud that

she would have only awarded $55,000 in

Damages for the other arrest which means

it would have only been 9,00 000 in

Damages for three arrests and 45 minutes

in a divy van handcuffed for over an

hour and 40 minutes she would have only

awarded me $9,000 which is still $6,000

less than than my offer so your audience

needs to remember even if I won all

three arrests 100% of the case I would

still have a cost order of

$250,000 and this is absolutely

atrocious you can win a case in Victoria

against the state and even if you fully

win it and represent yourself doing

it you can walk away with a bill of

almost $250 over

$200,000 what message do you think that

sends to the public it sends a really

dangerous message to people that if you

stand up for yourself if you don't take

a deal because you want public

Vindication if you embarrass the police

if you embarrass the system if you

embarrass the government and even if you

self-represent against a team of

professional lawyers and win your case

you will still lose in the end because

you didn't do what you were supposed to

do you didn't do what everyone else does

they take a deal behind closed doors we

save all the embarrassment that could be

had in a public trial that's what they

want people to do so that is why I will

definitely have to appeal this because I

don't want people to be afraid to pursue

Justice and even worse if they pursue

Justice and win that they're going to

end up losing in the end anyway I

actually finished this trial RV feeling

like I got a fair trial I thought the

judge was very fair and patient and she

was during the trial and I wanted to

leave this experience saying there is

still hope in the judicial system and

and isn't this great we got a fair

hearing and all this stuff but then to

be slapped with a

$250,000 bill for the pleasure of

winning has made me question the whole

system she did have the discretion to

not award any cost to the other side

regardless of me rejecting the offer and

so forth and she chose to slap me so

hard right near the end after awarding

me two of the unlawful arrests and it is

just it's a crazy thing and what has

actually happened is it's highlighted

this I don't think people knew that this

could happen I didn't really know that

this could happen either do you regret

it do you wish you took that deal now oh

hell no no way oh I'm so glad I didn't

because like I said it highlights that

this sort of situation can happen I have

said many times that I'm willing to lose

everything to stand up for my rights

because it's not just my rights there

were hundreds and thousands of people

arrested unlawfully during pro- Freedom

rallies they all deserve justice and if

I can set a strong case law a strong

precedent then we could have hundreds of

people just like me going through the

court system for unlawful arrest based

on my case law and what I would say to

you out there don't be afraid of the

cost order that I got that only happened

to me because I refused to take a deal

because I have a public profile and I

wanted to make a public point if you

don't have a profile then you can just

take the deal don't be afraid to take

the deal no one's going to judge you we

all have different lives and different

um things that we're supposed to do for

the movement this is what I'm supposed

to do and I have so many more cases

coming up and that's basically my job

now so let me do it and can I just put

on the record quickly that I do

understand why the CER Bank offers exist

um if every single person went to court

then the court systems would be

completely Chua block I understand that

but uh my argument against that is that

because I have a public profile and

because I was doing it for public

Vindication and also for the rest of the

people who got um arrested and things

like that the CER Bank offer shouldn't

apply to me because of the nature of the

case if you think it's important for the

world to know what's happened to one of

our bravest Freedom Fighters here in

Australia make sure to like comment but

most importantly share it far and white

because Monica's story is of public

interest remember she was arrested

unlawfully at least twice now for daring

to stand up to the state and now when

she fought to clear her name which she

did well she slapped with another

punishment again and then head over to

fight

the.com that's where we'll keep you up

to date with her case and her appeal and

all the others still going on in the

name of your health fight the.com do Au

it's all there