Monica Smit ordered to pay $250K after WINNING unlawful Covid arrest case
Summary
TLDRMonica 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
📢 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.
💸 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.
🔗 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.
Mindmap
Keywords
💡Public Vindication
💡Unlawful Arrests
💡Self-Representation
💡Cost Order
💡Settlement Offer
💡Contemplation of Police
💡Judicial System
💡Appeal
💡Freedom of Speech
💡Legal Precedent
💡Public Profile
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
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