Yarra councillor Stephen Jolly cleared of assault charge over election afterparty scuffle
City of Yarra councillor Stephen Jolly has been cleared of assaulting a protester at a 2024 election afterparty. Magistrate Jill Prior dismissed the charge, ruling that while Cr Jolly made contact with the protester's face, the prosecution could not prove intent.
Longtime City of Yarra councillor Stephen Jolly has been cleared of punching a protester at a 2024 local government election afterparty. Magistrate Jill Prior today dismissed an assault charge against Cr Jolly, who was accused of striking a woman in the face when the event was gatecrashed.
Incident occurred during chaotic series of events
Magistrate Prior said she was satisfied Cr Jolly made contact with the face of Estella Burrows, but ruled the prosecution could not prove beyond reasonable doubt that he intended to commit assault. She said the incident occurred during a "chaotic" series of events that lasted between 30 seconds and a minute.
"The interaction occurred with multiple parties converging across a very small space," Magistrate Prior said.
Protesters gatecrash election afterparty
The incident occurred in front of about 50 people at Ziggy's Disco Lounge in Fitzroy on November 1, 2024. Protesters wearing Halloween masks and carrying a megaphone turned up uninvited and confronted Cr Jolly.
Phone footage taken by one of the gatecrashers was shown to the court and partially captured the scuffle, along with a series of unproven allegations made about Cr Jolly.
"So, residents of Yarra City Council, we are here to congratulate you on electing our most prolific sexual predator," a protester named Peaches McCormack says in the clip. "Congratulations everyone, a rapist, domestic abuser, sexual harasser."
Another woman can be heard shouting "Stephen! Stop it!" as a dancefloor melee breaks out.
Complainant's testimony
The complainant, Ms Burrows, testified that she was protesting Cr Jolly's re-election and that the group planned to unfurl a banner. She said Cr Jolly moved quickly towards her and, without warning, struck the left side of her face with "significant force".
"I thought we would probably be evicted from the venue. I didn't expect to be punched in the face though," she said.
Cr Jolly's response
In a police interview, Cr Jolly denied punching anyone. His lawyers argued that even if Ms Burrows was struck it would have been accidental or in self-defence.
Cr Jolly's barrister, Michael McGrath, said his client had been subjected to a "prolonged political campaign" and that an egg was cracked on his head at a public rally 13 months earlier.
Character references were provided on Cr Jolly's behalf, including by academic Jacinta Chavulak. Ms Chavulak said she was at Ziggy's Disco Lounge and felt "really scared" when the masked protesters confronted Cr Jolly. She said she had known Cr Jolly for two decades and had "never" seen him commit or threaten violence.
Reaction to the verdict
Outside court, complainant Ms Burrows, who was wearing a headscarf and jumper with an anti-police slogan, called the legal process "ridiculous".
"Obviously I'm disappointed about the verdict but to be honest I'm not surprised," she said.
Cr Jolly addressed the media on the steps of the court. He insisted he did not punch Ms Burrows and said his only regret was not hiring security for the event.
"So I'm really relieved it's over. I also think it was a huge waste of resources," he said.
Cr Jolly said he had been targeted by the same group of protesters for years and described sexual assault claims they'd made against him as "bullshit".
"I just choose to ignore it and get on with life and try and be positive. My heart is filled with love and not hate," he said.