Activist says bail conditions extend weaponisation of pretence of concern to silence political speech

Mackell, who represented himself, argued his bail conditions breach the implied freedom of political communication in the Constitution. The conditions prevent him from contacting Templeman or her former chief of staff and prohibit him from entering her electorate office.

“There is a weaponisation of the pretence of concern to silence political speech,” Mackell told the court. “This whole case is political and the bail conditions are an extension of that.”

Templeman is the federal member for Macquarie and a co-chair of the Parliamentary Friends of Palestine group. Mackell called Templeman a “liar” and said he would “not be deterred in holding this person … who is a public official accountable within the law”. He submitted it was “only after polite contact [was] rebuffed” and a police visit to his home that he began to “show anger”. Referring to Templeman’s membership of the Friends of Palestine group, he told the court: “With friends like this, does Palestine really need enemies?”

The Crown opposed any variation to bail conditions due to the risk of Mackell interfering with witnesses. It relied in part on an in-person confrontation Mackell had with Templeman’s former chief of staff in April 2025, where Mackell allegedly yelled and swore at him. In July, Mackell allegedly banged on the office door while the chief of staff was inside, leading him to call the police. Mackell was not charged in relation to either incident, but the Crown says they form the “surrounding circumstances” which constitute the harassment.

According to Crown submissions, Mackell’s sample communications included, “if you don’t answer the phone you’re going to see me in the street”, and “my only option is to catch you on the street between the car and the office … tell Susan to respond to my emails … she’s a coward”. In one voicemail, according to Crown submissions, he said: “the more you ignore me the angrier I’m going to become … that means making Susan’s life a living hell or your life a living hell”. In another, according to documents, he called a staff member “a little f---ing Eichmann”.

Mackell’s allegedly abusive messages were almost exclusively about Palestine and the Albanese government’s foreign policy on Israel’s bombardment of Gaza, which has been called a genocide by a United Nations commission of inquiry. One message was about his Centrelink payments. On May 14, 2025, when he made 28 calls to Templeman’s office between 11am and 12.30pm, Mackell allegedly left a message saying: “I need help with my Centrelink. Give me the f---in’ money now you c---s.”

Documents tendered to the court show Templeman wrote to Mackell in May 2025: “I respect your depth of feeling on these issues, however it is not appropriate for my staff to be personally confronted or insulted.”

Speaking after the hearing, Mackell said the social cohesion team within the national security unit of the Australian Federal Police was “using the process to punish me because they know there is no chance of a conviction”. Even after he was charged, Mackell sent another email on May 25, 2026, telling Templeman: “You, the politician, are accountable to me, the voter, on my terms not yours, and you need to stop digging, you idiot.”

The Court of Criminal Appeal reserved its decision on his bail variation. The original criminal charge is listed for a committal hearing in Katoomba Local Court on Monday. Mackell wants the matter to be heard in the District Court before a jury.