A former cricket star has avoided jail after admitting to assault and bullying in a bid to have his charges dismissed on mental health grounds.
Michael Johnathan Slater, 52, appeared at Manly Local Court on Wednesday morning to plead guilty to three counts of common assault, intimidation, attempted stalking, use of a shuttle with the intent to threaten a woman and violate a restraining order.
The former Test leadoff batsman had started drinking vodka in the early hours of April 26 when he began accusing his former partner of infidelity and demanded to see his phone.
The court heard that he grabbed the phone and grabbed his ex, who lost his balance and injured his hip. Slater threatened to harm himself multiple times throughout the day.
The incident was reported to the police by a member of the public who was concerned about Slater’s behavior.
A couple of months later, Mr. Slater was involved in a physical fight with another patient at Northern Beaches Hospital while there for mental health treatment. He was also accused of intimidating the man during the altercation.
The court heard that Slater, during the months of April through September, violated an apprehended violence warrant in place to protect an ex-girlfriend who lives in Freshwater.
The court heard that he contacted the woman with more than 100 messages, emails and calls when he was instructed not to contact her. The woman reported that she had “difficulty speaking” during the calls, she was told in court.
Slater’s lawyer, John Agius SC, told the court that the recent breakup had sent Slater “down a deep, dark tunnel.”
The former Channel 7 cricket commentator was arrested on September 22 after the woman made several triple 0 calls.
Slater appeared in court from Sydney’s Bronte beachside rehab center in a powder blue suit and crisp white shirt.
Mr. Agius requested that all seven charges be dismissed on mental health grounds after telling the court that his client was being treated for bipolar disorder, alcohol use disorder, and borderline personality disorder.
The court heard that the former cricketer had previously been dismissed on domestic violence charges on similar grounds.
Agius told the court that Slater had recently been diagnosed with probable bipolar disorder by a psychologist, which was supported by reports from two treating physicians.
It said the former cricket star was living with a “significant mental impairment” when he allegedly committed the crimes in court.
“That’s important because if you have bipolar disorder and you’re not getting treatment, then…any treatment you’ve had likely didn’t treat the entirety of your condition,” his attorney argued.
He said that Slater’s crimes were the result of his bipolar disorder and “not the result of intoxication.”
Mr. Agius argued that the charges should be dismissed due to his client’s diagnosis and his independent participation in various residential rehabilitation programs since the beginning of his alleged crimes.
“I should give it one more chance. He should be given that opportunity because his likely bipolar disorder had not been diagnosed at the time,” Agius told the court.
“Clearly he was not in control of his behavior.”
The court heard that Slater had been constantly treated for childhood trauma since he was 13 years old.
“He used sport to work through that trauma,” Justice Robyn Denes said.
“He has also used and abused alcohol from a very young age.”
During his cricketing career, Slater played 74 test matches and 42 one-day internationals for Australia between 1993 and 2001.
He scored 5,312 Test runs for Australia before transitioning to TV commentary for Nine and Seven.
Slater lost his career when he was “sacked as a commentator” and apparently exiled from the cricket community, Agius said.
“He missed the funerals of dear friends that he had played with and was a dear friend to due to being ostracized by others,” he explained.
The court was told the former Australian cricketer wanted to continue his rehabilitation efforts after spending more than 125 days in rehabilitation centers since the initial offence.
Police prosecutor Craig Pullen argued the charges were too serious to be dealt with under mental health legislation.
“It is very common for the courts to see these requests,” he said.
“That opportunity was given to him.”
Ms. Denes dismissed the two assault charges and one intimidation charge related to the violent fight at the hospital on mental health grounds.
However, it convicted Slater on domestic violence charges after finding that he had shown “no thought about the offending conduct” or the harm inflicted on victims.
“There are some alarming aspects to that offending behavior… it’s all controlling behavior,” the magistrate said.
“Threats of self-harm in relationship conduct are considered controlling and manipulative behavior, which holds the other person responsible.”
Despite the defense argument that Slater’s bipolar disorder was the driving force behind his crime, Ms. Denes said that alcohol played a major role.
“The problem here is Mr. Slater’s alcohol consumption,” he determined.
While acknowledging her mental health issues, the magistrate noted the seriousness of domestic violence charges, saying “it was not always appropriate to deter” offenders on mental health grounds.
She said a conviction was “justified and the community would expect” on charges of assault, intimidation, use of a ride-hailing service and restraining order violation.
Slater was sentenced to a two-year community corrections order and a second good behavior bond for two years.
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