Former NRL and boxing star Anthony Mundine faces court over ‘oppressive’ charge of not complying with a COVID notice during pandemic
The lawyer for a former NRL star turned champion boxer has spoken out against an “unjustifiably oppressive” move to prosecute his client for allegedly breaching public health laws during the pandemic.
Anthony Mundine, 49, faced Bankstown Local Court on Friday after pleading not guilty to a charge of failing to comply with a COVID notice direction on July 21, 2021.
Police allege the retired athlete known as ‘The Man’ failed to scan a QR code to check in at a Bunnings store in Kingsgrove, in Sydney’s south, while the state was in lockdown.
The outspoken former St George Illawarra Dragons player also reportedly did not wear a mask while in store but claimed he was exempt from the mask mandate.
Mundine, 49, faced Bankstown Local Court on Friday after pleading not guilty to a charge of failing to comply with a COVID notification directive
The former boxer, pictured fighting John Wayne-Parr, branded the charges ‘oppressive’
On Friday, his attorney Christopher Parkin filed for a permanent stay of proceedings, arguing that the prosecution of his client constituted an “abuse of process.”
“It is unfair and unjustifiably oppressive to Mr Mundine,” he told the court.
“(And) it would bring discredit to the administration of justice.”
Mr Parkin noted that the fine imposed on Mr Mundine was “identical” to the fine found invalid in a NSW Supreme Court decision handed down by Justice Dina Yehia last year.
The ruling reinforced Judge Yehia’s original 2022 ruling, which led to the cancellation of more than 33,000 COVID fines that had not provided sufficient details of the crime.
Mr Parkin told the court Mr Mundine’s fine fell into the category of penalties dismissed by Revenue NSW.
“But because Mr Mundine chose to take this matter to court some two months before this decision, the fines administrator … did not take up this matter,” he said.
Magistrate Glenn Walsh said Judge Yehia’s decision showed that a valid penalty notice required the identification of the legal basis and asked whether that had been clarified for Mr Mundine.
Police prosecutor Yavin Kumar said Mr Mundine was questioned by police during a conversation captured on a body-worn camera, but he could not recall whether the legal basis for the crime had been provided.
He explained the case against the former boxing champion based on evidence outside the criminal order, such as witness statements and camera images.
Magistrate Walsh said any decision he made on whether to stay proceedings would ultimately end up in the state’s highest court.
“If I admit it, you will run to the Supreme Court,” he told Mr. Kumar.
“If I don’t, you’ll run to the Supreme Court,” he told Mr. Parkin.
The case has been adjourned until August, which will be the fifth time ‘The Man’ has appeared in court on the case
After consultation with Mr Mundine, Mr Parkin withdrew his application for permanent residence.
Magistrate Walsh subsequently adjourned the case until August, when it is expected to be concluded.
It will be the fifth time Mundine has appeared in court on the three-year-old charge.
Outside the courthouse, he told NewsWire he was “looking forward to everything being ready.”
The 49-year-old has continued to use social media to share his anti-vaccine views and tell his tens of thousands of followers to do their research, it’s a death wish.
In February, he shared a photo of himself lying on the ground under a vaccination syringe with the caption “the writing is on the wall” with two skull emojis.
Mr Mundine rose to prominence as a rugby player after signing for St George Illawarra Dragons at the age of 18.
He made a sensational transition to boxing in 2000 and went on to win three world titles.