Two figures at the centre of a dramatic child welfare controversy have begun a personal court action against two government officials they say have been persecuting them over the matter.
The civil prosecution by Paul Robert Burton and Andrew Katelaris against a former NSW Director of Public Prosecutions, Lloyd Babb, and high-profile public servant Michael Coutts-Trotter - a former head of Family and Community Services (FACS, as it was known then) - began the first of five scheduled days today in the Sydney District Court before Judge Robert Weber.
The case stems from a 2017 incident in which welfare authorities took a then four-year-old boy from his parents and placed them in care.
The boy had been diagnosed by the Queensland health service with conditions including severe epilepsy.
His parents had taken him from hospital and he was being treated "holistically" with a regimen that included medicinal cannabis at the Church of Ubuntu in the Newcastle CBD by the controversial Dr Katelaris, who had been struck off after an investigation into his handling of two other medicinal cannabis patients. The parents won custody of their son again about two years later.
In evidence today, Pastor Burton said he had been charged under Section 105 of the Children and Young Persons (Care and Protection) Act, a prosecution he has challenged and won on appeal, as the court heard yesterday.
Pastor Burton and Dr Katelaris are attempting to prove that their being charged this way over their social media posts was malicious, because a major TV network had broadcast a prime-time Sunday night show about the same subject - showing and naming the child.
The court watched the broadcast, and Pastor Burton said nothing had happened to the network, even though it had been warned in advance by NSW government officials that the show would breach a suppression order.
Pastor Burton said before the hearing that he had subpoenaed a number of witnesses, including three FACS workers and a police officer.
"Andrew and I intend to show the court that the actions of Mr Babb and Mr Coutts-Trotter against both of us have been malicious and without reasonable and probable cause," Pastor Burton said.
The hearing resumes tomorrow, Tuesday, at 10am.
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