A 34-year-old Sydney man has been convicted and sentenced over an offensive email campaign directed at Federal politicians and candidates in the 2019 Federal Election and 2020 by-election. The man was sentenced to an aggregate of 21 months and released with conditions including to be of good behaviour for three years.
The man, from the Sydney suburb of Blacktown, was arrested by the AFP in July 2020 and is the first individual in Australia to be successfully prosecuted and sentenced for contravening section 329(1) of the Commonwealth Electoral Act 1918.
The man was sentenced in Penrith District Court yesterday (2 June 2022) after pleading guilty to 12 charges, which included using a carriage service to menace, harass or cause offence; dealing in identification information; possession of identification information; and misleading or deceptive publications.
In June 2020, the AFP launched Operation BALAH after receiving a report from the Electoral Integrity Assurance Taskforce (EIAT) and the Australian Electoral Commission (AEC), about a mass disinformation campaign leading up the Eden-Monaro by-election.
The report related to offensive and harassing emails, from apparent legitimate sources, being sent from an unidentified user to members of the public and various organisations.
Using world-leading capability, AFP technical analysis identified the offender at a Blacktown address.
In July 2020, AFP conducted a search warrant at that address. At the time of the warrant, the offender’s computer was actively sending offensive emails. Items located during the warrant, including SIM cards, were examined and found to be subscribed under different names. Subsequent investigations revealed those individuals had their identification fraudulently obtained by the offender.
Operation BALAH investigations revealed that the offender had engaged in similar offending related to the Wentworth electorate during the Federal Election in May 2019.
During the Eden-Monaro by-election, the offender sent more than 23 million emails to members of the public and organisations and he is believed to have sent a similar number related to the Wentworth electorate during the Federal Election.
AFP Leading Senior Constable Glen Brazendale said the complex operation showcased the dedication of investigators and civilian staff in bringing this offender to justice and protecting Australia’s democracy.
“The matter is in many ways unique because no person has been successfully prosecuted for an offence under section 329(1) of the Commonwealth Electoral Act 1918,” Leading Senior Constable Brazendale said.
“Furthermore, the unique circumstances of the offending in this case have never been prosecuted before: specifically, both the large scale of the offending and the nature of the offending.”
The targets of the offender’s email campaign include, Dr Fiona Kotvojs, Kristy McBain MP, Dave Sharma former MP and Dr Kerryn Phelps AM (and their political parties). The targets of the offender’s email campaigns had no knowledge of this offending nor any association with the offender; and have condemned his actions.
The AFP would like to acknowledge the assistance provided by the Electoral Integrity Assurance Taskforce (EIAT), The Australian Communications and Media Authority (ACMA) and the Catholic Archdiocese of Sydney.
