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Barilaro ex-staffer drawn into Friendlyjordies court battle

Steve ZemekNCA NewsWire
John Barilaro’s former chief of staff Siobhan Hamblin leaving the Downing Centre Local Court on Wednesday. NCA NewsWire/Jeremy Piper.
Camera IconJohn Barilaro’s former chief of staff Siobhan Hamblin leaving the Downing Centre Local Court on Wednesday. NCA NewsWire/Jeremy Piper. Credit: News Corp Australia

A former John Barilaro staffer will not be held in contempt of court as lawyers for a Friendlyjordies producer abandoned their attempts to compel her to produce key material.

The former deputy premier’s chief of staff, Siobhan Hamblin, was made to appear in court on Wednesday to answer claims that she had not complied with a subpoena.

Magistrate Jacqueline Milledge found Ms Hamblin was not in contempt of court.

And the magistrate condemned the online abuse Ms Hamblin was subjected to after being drawn into the case.

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“There was contempt shown to the court but not by you,” Ms Milledge said.

“I read in there (Ms Hamblin’s statement) how distressed you’ve been caught up with this. That was a psychological burden for you to bear as a result.

“And it’s been shameful. There are people in this world who like to beat a drum to make themselves feel bigger because they’ve got not much else going on.”

The case centres on the online comedian’s producer Kristo Langker, who is fighting allegations that he stalked Mr Barilaro.

Mr Langker was arrested at his Dulwich Hill home in June and charged with two counts of stalking or intimidating.

The first alleged incident took place at Macquarie University on April 19 and the second in Sydney’s CBD on June 4.

He has pleaded not guilty, vowing to fight the charges at a hearing mid next year.

His legal team had last month subpoenaed Ms Hamblin seeking documents and messages relating to Mr Langker’s arrest.

During a previous hearing, the court was told Ms Hamblin’s lawyers had provided some WhatsApp messages.

But the lawyers said they could not comply with several of the requests because the material was no longer in her possession, following Mr Barilaro’s resignation as minister.

However, Mr Langker’s barrister Emmanuel Kerkyasharian argued that the subpoena had been issued several days before Mr Barilaro’s resignation was announced on October 4.

DOWNING CENTRE
Camera IconSiobhan Hamblin was not found in contempt of court on Wednesday. NCA NewsWire / Jeremy Piper. Credit: News Corp Australia

The magistrate last week expressed astonishment that Ms Hamblin lawyers had not complied with the subpoena and produced the documents to the court to decide if they were relevant.

She also expressed her disappointment that Ms Hamblin’s lawyers had not appeared in court to argue why the subpoena should be set aside.

Ms Hamblin was ordered to appear in court after Mr Kerkyasharian had asked for her to be found in contempt.

On Wednesday, Ms Milledge once again castigated Ms Hamblin’s lawyers for not complying with the subpoena, noting that Ms Hamblin had been “collateral damage” in the affair.

“I know where the blame lies and I’m not looking in her direction,” Ms Milledge said.

DOWNING CENTRE
Camera IconKristo Langker, seen here with Jordan Shanks aka Friendlyjordies, has pleaded not guilty to stalking John Barilaro. NCA NewsWire / Damian Shaw Credit: News Corp Australia
DOWNING CENTRE
Camera IconFriendlyjordies' Jordan Shanks outside Sydney’s Downing Centre Courts. NCA NewsWire / Damian Shaw Credit: News Corp Australia

During her cross examination in Sydney’s Downing Centre Local Court on Wednesday, Ms Hamblin said that when she received the subpoena, she had forwarded it to her legal counsel for advice.

However, the issue soon fell by the wayside in the following days when it became apparent that Mr Barilaro would resign and that about 20 people inside his office - including her - would lose their job.

“With the machinations of how a government is dissolved, and the changes of premier and deputy premier, had made this a difficult time personally and professionally and also for my employees,” Ms Hamblin said.

She noted that while she had access to her email and government documents until October 21, after Barilaro’s official resignation, she did not have the authority to deal with them.

And therefore she could not comply with the subpoena.

Video of Kristo Langker's arrest at his Dulwich Hill home. Supplied.
Camera IconVideo of Kristo Langker's arrest at his Dulwich Hill home. Supplied. Credit: Supplied
ICAC
Camera IconIt’s been alleged that Mr Langker stalked former NSW deputy premier John Barilaro. NCA NewsWire/Adam Yip. Credit: News Corp Australia

While Mr Kerkyasharian did not concede his point that Ms Hamblin could have complied with the subpoena when she was served, he admitted she could no longer do so and withdrew the application.

Mr Langker’s matter will return to court next week.

Originally published as Barilaro ex-staffer drawn into Friendlyjordies court battle

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