A court has been urged to find a prominent anti-lockdown identity ran an “unlawful fundraiser” to help pay her legal bills.
Monica Smit, 35, returned before the Melbourne Magistrates’ Court on Tuesday for the second day of her legal fight against charges brought by Consumer Affairs Victoria.
Both Ms Smit and her company Reignite Democracy Australia have pleaded not guilty to operating an unregistered fundraiser and failing to comply with a notice demanding information.
The state agency alleges a fundraiser set up for donations after she was arrested at a protest defying stay-at-home orders in Melbourne breached the Fundraising Act.
Ms Smit spent 22 days in custody on charges of inciting others to attend the protest, which were eventually dropped, and was later found guilty without conviction for breaching Covid-19 orders.
Prosecutors allege the activist solicited $66,544.98 from supporters between 2021 and 2022 to fund her legal fight against the charges but failed to register the fundraiser.
“This was clearly an unlawful fundraising exercise to raise funds,” the Consumer Affairs Victoria prosecutor said.
Referencing comedian Celeste Barber’s multimillion Black Summer bushfire campaign which saw funds being restricted to equipment and training, she said “for reasons of transparency” it was important for fundraising to be registered.
Ms Smit’s lawyer, Gareth Rogers, argued his client’s campaign did not meet the definition of a fundraiser because it solicited donations solely for the benefit of her and her company.
“The evidence is clear … Those funds were being raised in support of Reignite Democracy Australia’s continued operations,” he said.
“If you’re soliciting money for your benefit and expending that money it’s not a fundraising appeal.”
Mr Rogers told the court Ms Smit was engaging in “journalistic activities” as an employee of Reignite Democracy Australia and every cent of the donations was spent on legal bills so she could continue that work.
The presiding magistrate, Brett Sonnet, expressed scepticism that the “freedom fighter” was acting as a journalist, to which Mr Rogers said there was no legal definition of a journalist.
“She was reporting on protest activities around Melbourne which she was arrested for,” he said.
“These included interviews with people that were critical of the lockdowns and critical of the mandates.”
Requesting mercy from the court if she was found guilty, Ms Smit said her company had stopped operating last year and she was left on the hook for $80,000.
“I have nothing to my name,” she said.
“I felt like I was doing something good for the community.”
Ms Smit said she was living out of a van as she toured the country promoting her book — Cell 22: From Party Girl to Political Prisoner.
Mr Sonnet adjourned the case until Friday after raising a possible defence for Reignite Democracy Australia which both parties requested time to explore.
He flagged that the company had been registered federally and therefore may not be “captured” under Victoria’s regulatory regime.
Mr Sonnet reminded those in attendance he was not being asked to judge whether Ms Smit’s “strong views” or political activism was right or wrong, but whether there had been a breach of the law.
“These are complicated legal arguments, I haven’t made up my mind,” he said.