The man charged with deliberately lighting the fire that caused horror damage to Old Parliament House has been involved in a dramatic standoff in court, which included the magistrate yelling “stop” and slapping her bench.
Waangwaa Kirnwil Yarrawirri – who has previously been referred to in legal proceedings and by police as Nicholas Malcolm Reed – turned up in person to ACT Magistrates Court on Tuesday.
What followed was a heated exchange between the Victorian resident and special magistrate Margaret Hunter when he refused to enter pleas to a string of charges.
The 30-year-old firstly asked to be referred to by his Indigenous name when his matter was called up.
“Your honour I said my name is Waangwaa Kirnwil Yarrawirri,” he began when the name Nicholas Malcolm Reed was read out.
“If the court could understand me as this name, it’s the only lawful name I have.”
After the spelling was confirmed, Mr Yarrawirri then asked if he could address the court.
“No you can’t address the court, I haven’t got time for you to address me. I’m merely asking you what’s happening with this matter. Do you plead guilty or not guilty?” magistrate Hunter said.
Mr Yarrawirri is charged with arson, damaging Commonwealth property, assault and resisting a territory public official.
He is accused of carrying “hot coals” to the front of Old Parliament House and was captured in social media footage “stoking” the fire during protests on December 21.
The repairs from the fire are estimated to cost $4m.
“Your honour there is no lawful way I can make a plea,” he responded.
“If you are not willing to enter a plea then I can deem that you are pleading not guilty and the matter be listed for a hearing date,” magistrate Hunter told him.
Mr Yarrawirri told her that would be a “misrepresentation of what I’m doing”.
He then proceeded to read out a speech, despite having been earlier told there wasn’t time.
“Your Honour if I may, my name is Waangwaa Kirnwil Yarrawirri, I’m a proud tribal man … this Crown’s court is on the land of the First People,” he began.
“There is no evidence that the Crown has applied the local title of the land to the First People of this continent.”
Magistrate Hunter then tried to cut him off, saying “yes I appreciate all of that”.
But Mr Yarrawirri continued speaking over her.
Things then came to a dramatic head when magistrate Hunter yelled “please stop”.
She slapped her bench and yelled “stop” a second time.
“I appreciate everything that you are going to say but this is not the appropriate place for you to say it,” she continued.
“Respectively Your Honour,” Mr Yarrawirri then responded.
“No, no, not respectively,” she told him.
“I disagree,” Mr Yarrawirrie persisted.
“Well you may disagree but ultimately I’m the arbiter in this building, in this court, at this present time, you may or may not agree with it,” the magistrate said.
“I accept that. But the fact is I need to get the matter listed.”
She then told him that if he wouldn’t enter a plea then she would enter not guilty pleas on his behalf, despite Mr Yarrawirrie continuing to insist she had no lawful right to do so.
Magistrate Hunter said he would be able to have his say on why he didn’t believe the court had jurisdiction when the matter goes to hearing.
Mr Yarrawirrie’s bail was continued until a pre-hearing mention set down for May 16.
