Kane Dallow jailed for contempt and 'scandalising' court in Michael Ferguson defamation case

Kane Scott Dallow was jailed in the Federal Court in June, which he appealed 18 days after the deadline.

He had been found guilty of four counts of contempt of court, first by republishing defamatory allegations in a video, then by failing to take down a video in time in contravention of court orders, then by publishing another video which indirectly raised the defamatory allegations again.

In the final video, titled "Broken Parliament", Dallow described a "ring of protection" which was interpreted as including an allegation against the Federal Court and thus earned him a charge of "scandalising" the court.

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In initially jailing him, Justice David O'Callaghan described some of Dallow's evidence as "nonsense". The videos he uploaded on November 29 and December 1 regarding Mr Ferguson were also admitted as defamatory.

Dallow appealed his jail sentence, claiming it was "excessive", it "overstated the seriousness" of his contempt of court offences, it was "arbitrary" and that the judge had not given "due weight" to evidence.

His appeal was required to be filed by July 26, but it was instead filed on August 13. Dallow claimed he had been unable to obtain advice from solicitors while in Risdon Prison, and complained of repeated lockdowns.

Justice Stewart Anderson considered the merits of the appeal after finding Dallow's difficulties in prison were an acceptable reason for his delay, but dismissed each ground in his judgment on Friday.

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He agreed with the original decision that the contempt of court offences were "serious" examples.

"The sentencing judge appropriately considered that given the applicant's ongoing defiance of court orders, specific deterrence was a weighty sentencing factor," Justice Anderson wrote.

"Sentencing the applicant to a total of nine months' imprisonment in relation to each of the four contempts is consistent with the kinds of sentences that have been imposed in comparable cases within this Court.

"I am satisfied that the substantive appeal has no reasonable prospects of success and that leave for an extension of time in which to file the notice of appeal should be refused."

Dallow will be due for release on March 27, having already served almost three months behind bars.

He must pay Mr Ferguson's costs "on a lump sum basis" to be determined between the parties, or by the court if no agreement can be reached.

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