Man who smashed Andrew Gee's Bathurst office window back in court

Jason Cluderay, 53, of Keppel Street, Bathurst, was before Bathurst Local Court on June 28, 2023 to lodge an annulment application after charges against him were proven in his absence earlier this year.

Magistrate Elizabeth Ellis found in Bathurst Local Court on March 1, 2023 that Cluderay - who was not in court on the day - was guilty of damaging property, resisting police and entering enclosed land.

Police said Cluderay smashed the front window of Member for Calare Andrew Gee's office on George Street with a small axe on February 17, 2023, leaving several holes.

Cluderay maintained the finding of guilt for damaging property, but disputed the others, with Legal Aid solicitor Simone Thackray lodging the annulment application on his behalf on June 28.

Ms Thackray said in open court her client's health issues were one of the instigators for the annulment, given his "affected memory".

Police prosecutor Sergeant Jeff Sinton said in reply given Cluderay's "difficult background" relating to his health he was not going to dispute the application.

Ms Ellis expressed her concern about Ms Thackray's method, with the belief proper consideration had not been given to police documents relating to the charge.

"Given his behaviour [detailed in police documents given to the court about the incident], it isn't a given the finding should be expunged," Ms Ellis said.

Ms Ellis said she was reluctantly granting the application.

Cluderay will be back before Bathurst Local Court on August 16, 2023 for the matter.

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