An attempt by police to find YouTuber Jordan Shanks in contempt of court and to silence his comment on his producer 's criminal prosecution has been called an abuse of process.
Police filed claims for both orders before Sydney magistrate Jacqueline Milledge Wednesday.
Among other issues, police say witnesses may decline to testify after seeing comments about the strength of the Police case on the Friendlyjordies YouTube channel with more than 580,000 subscribers.
"He interferes in the administration of justice, he is in position of influence g witnesses, "said police prosecutor Amin Assaad on Wednesday. "We are not interested in politics, we are not interested in opinions, the problem is that there are now two videos that will, do, or may interfere with the evidence still available.
Shanks 'attorney said the restriction on pre-trial case commentary applied almost exclusively to jury trials.
"There is nothing here to suggest this would seriously prejudice a trial," said Philip Strickland SC. "It's the police ... who want to end the criticism police. This amounts to an abuse of process. "
The contempt claim only referred to a paragraph of the law on local courts, he said.
Strickland added that the removal order did not specify the grounds ou the length of the order requested and, if granted as written, could apply to any comments from any person. "This app is flawed at first glance " he said.
Friendlyjordies producer Kristo Langker, 21, has been charged with June of two counts of stalking John Barilaro, then Deputy Premier of New South Wales. He has pleaded not guilty and will face a hearing in May 2022.
Shanks has regularly posted about the case and shared footage of the arrest, taken by Langker's relatives at the family home.
In a video released Tuesday evening, Shanks accused the police of being motivated for the gag "because they are completely and utterly embarrassed by their own behavior.
Assaad presented a tranion of the video in court, suggesting thatShanks would make further attempts to comment on the case.
"He comments on the strength of the prosecution case and we try to silence him regarding the file ", he said.
While Shanks did not know" clearly "what he was talking about and that the comparisons with Pinochet's Chile or Kim Jong-un's North Korea were "gibberish," the magistrate said he was allowed to express his opinion.
Milledge said she saw nothing in the tranion that could constitute contempt. She also asked if the police "gave all that oxygen " to the comments.
A previous contempt request, in which the police did not have not informed Shanks before arriving in court, was "vague and skinny " while Wednesday's request was "broad and vague ", the magistrate said.
" It 's too mucharge and not precise. This is just a tranion of everything… you just paint with a wide brush and [saying] he tells hundreds of thousands of followers that the police record is not strong.
Milledge has given police a week to rephrase his demand and serve evidence on Shanks and Langker before another court mention next Friday. Any hearing would take place at a later date.
Shanks and Langker received costs from Wednesday's hearing.
Barilaro, who resigned as leader of the NSW Nationals last week, is suing Shanks for libel over a series of videos released in 2020. Shanks has pleaded the truth to the claim that the member was a "corrupt crook ".