Former Darwin real estate agent Suzi Milgate has been found guilty of aggravated assault — and may face jail time — after pushing a cream-covered crepe into the face of former chief minister Natasha Fyles.
In a judge-only trial in which she represented herself, Ms Milgate broke down after the guilty verdict was delivered on Tuesday morning and accused Judge Julie Franz of making “mistakes and errors” in her ruling.
The court heard the assault occurred at Darwin’s Nightcliff Markets on September 24, 2023, when Ms Milgate approached Ms Fyles and pushed a crepe into her face.
Ms Milgate described the incident as an act of “protest” against COVID-19 vaccine mandates by Ms Fyles, which she believed had negative impacts for her husband.
Ms Milgate did not deny hitting Ms Fyles with the crepe, but disputed the level of force used, arguing a “plate of food” should not be considered as a weapon.
In handing down her decision, Judge Franz ruled Ms Fyles had been threatened with “an offensive weapon namely a crepe with cream” and that it caused her injuries.
A general practitioner testified that Natasha Fyles acquired bruising under her eye after the incident. (ABC News: Matt Garrick)
Witnesses saw Milgate ‘lunge’ at Fyles
Judge Franz said that witnesses saw Ms Milgate “lunge at Ms Fyles” and push the crepe into her face.
The court heard Ms Milgate asked her friend Julie Collins to film the interaction on her phone and then waited outside a Bendigo Bank branch where Ms Fyles was attending a function.
When Ms Fyles exited the building, Ms Milgate approached her saying words to the effect of: “You ignored me, I wrote to you, I asked for an exemption and you said I wasn’t worthy of your response”.
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Judge Franz said Ms Milgate was aggrieved by decisions Ms Fyles had made as chief minister during the COVID-19 pandemic.
During sentencing submissions, Ms Milgate told the court she believed Ms Fyles had “jeopardised” her husband’s life.
Ms Milgate said her husband had suffered a stroke in January 2020 and required an operation but couldn’t get vaccine exemption.
“My whole life turned upside down,” she told the court.
“To me it was life or death.”
Suzi Milgate was sentenced in the the Darwin Local Court on Tuesday morning. (ABC News: Marcus Kennedy)
Prosecutors push for jail time
Ms Milgate said since the incident she had been deregistered as a real estate agent, had fallen into debt and her marriage had broken down.
Prosecutor Rhiannon McGlinn told the court the offence – which carried a maximum penalty of five years imprisonment – warranted a jail sentence.
Former real estate agent defends alleged crepe assault
However, she said that as Ms Milgate had already served 24 days in custody for another matter, and further sentence could be served in the community.
Ms McGlinn argued Ms Milgate had shown “a degree of pre-planning” and no remorse, and had attempted to “play off what she did as a joke,” or a prank.
She described the incident as an “incredibly degrading” attack and a serious example of aggravated assault, saying it had contributed to a “heightened sense of need for security” and impacted the way politicians engaged with the community.
Judge Franz said she was considering a term of imprisonment, which would likely be suspended.
Outside court Ms Milgate said she planned to appeal the decision.
Sentencing was adjourned until January to allow Ms Milgate time to gather character references.