Big Rob will face a Local Court hearing after pleading not guilty to allegedly breaching an interim apprehended personal violence order taken out by Lismore mayor Isaac Smith.
The 46 year-old appeared at Byron Bay Local Court this morning and was represented by solicitor Vince Boss.
He is charged with contravening an interim APVO between April 4 and April 6, by posting comments on Facebook about Cr Smith’s response to the Lismore flood.
Mr Boss told Magistrate Michael Dakin the interim APVO and alleged breach had been previously set down for hearing at Lismore Local Court.
But on Tuesday, Magistrate Linden marked on Mr Rob’s court papers that both he and Magistrate David Heilpern had disqualified themselves from presiding over his matters.
‘Your honour Magistrate Linden realised he had a conflict of interest as did Magistrate Heilpern,’ Mr Boss said.
A court officer then called Isaac Smith’s name three times, then told Magistrate Dakin he was not present at court.
‘How long is this hearing going to take,’ Mr Dakin asked.
‘Your honour, I would be saying two-and-a-half hours,’ Mr Boss said.
Magistrate Dakin then tried to adjourn Mr Rob’s matters until February 9, 2018.
‘Mr Rob has just indicated he has exams until February 10,’ Mr Boss said.
The former kebab shop proprietor is currently studying law at Southern Cross University.
Magistrate Dakin adjourned Mr Rob’s APVO breach matter until February 16, for hearing at Byron Bay Local Court.
‘There is an application made by Mr Rob to dispense with bail,’ Mr Boss said.
‘The APVO protects Mr Smith from anything untoward.
‘There was an application provided to police on Monday,’ Mr Boss said.
The police prosecutor told the court she did not have a copy of Mr Rob’s application to vary his bail.
Upon reading the application, Magistrate Dakin said the document requested Mr Rob’s bail be revoked.
‘If bail is revoked he will remain in custody,’ Mr Dakin said.
‘Mr Rob has filled out the application incorrectly,’ Mr Boss said, as he wanted the bail conditions varied, not completely revoked.
Magistrate Dakin adjourned Mr Rob’s bail variation application until December 7 at Byron Bay Local Court and ordered the interim APVO to continue.
As this is Magistrate Dakin’s last week sitting at Byron Bay Local Court it is not yet known which magistrate will preside over Mr Rob’s application to vary bail.