Intimidation and stalking charges against former Albury mayor Henk van de Ven have been dismissed by Magistrate Sally McLaughlin in the Albury Local Court.
In her closing remarks on Friday, Magistrate McLaughlin said the offence had not been proven and she was satisfied beyond reasonable doubt the 72-year-old had not intended to cause fear.
Mr van de Ven dropped his head to his hands and was visibly relieved when found not guilty of the charges.
The court had heard Mr van de Ven threatened to punch fellow council candidate Ross Hamilton outside a pre-polling booth in Albury in December last year.
The prosecution submitted Mr van de Ven said, "I ought to punch you in the face. I've thought about punching you", out of frustration over an article published in the local paper three days before the election.
The article stated that retiring councillor Murray King, who was aligned with Mr Hamilton, "considered" seeking a court order against Mr van de Ven several years earlier over bullying claims.
During the hearing, several witnesses gave evidence about what they heard Mr van de Ven say to Mr Hamilton.
The court heard each version varied slightly and included "I ought to punch you", "I thought about punching you" and "I considered punching you".
The prosecution submitted the differences made for a strong case of credibility and demonstrated the witnesses had not colluded in their evidence.
Magistrate McLaughlin said whilst it could not be determined the exact words used, she was satisfied it was said in past tense eliminating the suggestion it was a threat.
"There was no evidence to prove that Mr Hamilton did in fact fear [Mr van de Ven]," she said.
She said she was not satisfied that Mr van de Ven intended to cause any fear during the interaction.
AVO also dropped
During the hearing, Mr van de Ven's lawyer, Mark Cronin, suggested the article could have been damaging to his client's campaign.
He argued Mr van de Ven was parodying the words published in the article and had said "I thought about punching you in the face, that would make a good article in the Border Mail tomorrow".
Magistrate McLaughin said she was satisfied the former mayor did not make any reference to it making a good article in the Border Mail at the time.
Magistrate McLaughlin said Mr Hamilton had given reasonable exceptions about the incident during his evidence.
He previously told the court Mr van de Ven was within "striking distance" when the comments were made.
"I clearly remember him saying I thought about punching you in the face — how's that for a thought?" Mr Hamilton told the court earlier.
Other witness statements claimed the pair were standing up to 3 metres apart which played a part in the magistrate's decision.
Their testimonies described Mr van de Ven's tone and manner in several ways including that he raised voice, was loud and angry, marginally aggressive and agitated.
"I am satisfied that he used a loud voice in a manner that raised concern," Magistrate McLaughlin said in her final remarks.
An apprehended violence order (AVO) was also dismissed after Magistrate McLaughlin found no grounds for Mr Hamilton to fear Mr van de Ven.
She said the pair had not had any further interactions since the incident last year.
