Former cricket star Michael Slater has spent more than 100 days in a rehab center trying to persuade a magistrate to deal with allegations of domestic violence under mental health laws.
Mr Slater appeared in Waverly Local Court on Monday when his lawyers argued that his charges should be dealt with under the Mental Health Act and not under criminal law.
The former batsman was first charged in October last year after he allegedly used a transportation service to threaten, harass or insult his ex-partner following an alleged domestic violence incident.
According to court documents, Mr Slater allegedly used a mobile phone to harass his ex-partner between March and October last year, and allegedly harassed and intimidated a woman in Randwick between 12 and 13 October.
In December, he was re-arrested in Manly and charged with violating a warrant for violence and using transportation services to threaten, harass or intimidate his former partner.
The 52-year-old allegedly sent 66 text messages and made 18 phone calls to his ex-partner in about two and a half hours on the night of Dec. 14, a court hearing had previously been heard.
Attorney Richard Pontella SC on Tuesday told the court that Mr Slater had spent 108 days in rehab after his arrest in December.
Mr Pantella said Slater had mental health problems, some of which are now in remission.
He argued that it was in the public interest to be treated in accordance with the Mental Health Act so that he could continue treatment.
He also offered a reference to a character from Mr. Slater’s ex-wife – who is not the alleged victim in the case – which read: “The world is better with Mr. Slater at its best.”
“Most men could not get such an assessment from their current partner, let alone the former,” Pantella said.
Sergeant Attorney Lahlan Kirby opposed the motion, saying criminal law should be considered against Mr. Slater because of the seriousness of the alleged crimes.
“(Presumably) the offense continued, it controlled,” he said.
He said police would claim that it caused significant harm to the victim to such an extent that the victim wanted to make a statement about the victim’s influence in relation to the actions.
He also said he was concerned that Mr Slater would reappear in the future after any orders were completed.
From 1993 to 2001, Slater played 74 tests and 42 one-day international competitions in Australia before moving on to television commentary.
Last October, he was disqualified from reporting on Channel 7 cricket after he crashed into Prime Minister Scott Morrison on Twitter when he was in the Maldives when the Indian Premier League was suspended due to a pandemic .
Magistrate Ross Hudson left his decision to review the prosecution and defense.
The case returns to court on April 27.