Yes campaigner's charge dismissed after spitting on ex-federal candidate Andrew Thaler

Andrew Thaler has previously run as a candidate for the seat of Eden-Monaro. Photo: Claire Fenwicke.

A Yes campaigner who spat on a former federal candidate and No campaigner in the Snowy-Monaro after he began filming her and called her an offensive term has had her charge dismissed.

The Emeritus Professor at the Australian National University (ANU), Denise Mary Ferris, admitted spitting on former Eden-Monaro candidate Andrew Thaler during last year’s debate on the Indigenous Australian Voice Referendum.

In September 2023, Yes and No campaigners set up tents on the opposite sides of Centennial Park in Cooma, NSW Police said in court documents.

Those on the Yes side were also with a Labor Party tent and had a small petting zoo set up for children.

Mr Thaler, a No campaigner, approached the Yes tent around midday and began filming the volunteers and the petting zoo on his mobile phone.

Police said Ms Ferris, one of the Yes campaigners, “felt uncomfortable with being filmed and concerned her image and voice could be manipulated at a later stage by the victim for his political interests”.

She asked him to stop filming her and he said, “I’m not stalking you. I am getting a video of your lambs, you stupid mole.”

The pair were standing face-to-face when Ms Ferris replied, “How dare you”, then spat on Mr Thaler. They eventually separated and police were called.

Ms Ferris, who was represented by Michael Kukulies-Smith of Kamy Saeedi Law, pleaded guilty to a charge of common assault before it was dismissed in the Queanbeyan Local Court on Monday (2 September).

Magistrate Roger Clisdell noted the 71-year-old was of exceptional character, had made an enormous contribution to the community and was profoundly remorseful.

He also noted she faced an ongoing campaign of vilification and harassment by Mr Thaler, who maintained a website in which he posted multiple images and articles about her, started a petition to terminate her position with the ANU and made multiple negative comments about her on social media.

Magistrate Clisdell accepted Mr Thaler’s behaviour, including unnecessarily recording her and calling her a “stupid mole”, was a clear act of provocation.

She was exposed to the extenuating circumstances of provocation and extra-curial punishment, he said.