No-show Setka too sick to deal with lawyers over push to oust AFL umpiring boss
A mystery illness has left former CFMEU boss John Setka too unwell to appear in court or even instruct lawyers over allegations he tried to force the AFL into sacking its umpiring head.
Setka, or lawyers on his behalf, have now failed to show up for two preliminary Federal Court hearings to respond to accusations from the Fair Work Ombudsman, instead providing a medical certificate that he is too unwell to attend meetings.
The court heard that while the certificate provided few details of the nature of the union hardman's ailment, it also indicated he had a WorkCover claim in progress.
The ombudsman alleges the disgraced former CFMEU boss breached workplace laws by trying to pressure the AFL into dumping its umpiring chief, Steve McBurney, due to his previous job at the Australian Building and Construction Commission (ABCC).
A case management hearing on Friday was unable to proceed after Setka's second no-show in a month, leaving Justice John Snaden and lawyers representing the ombudsman to discuss options to go forward with the matter.
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Representing the ombudsman, lawyer Marc Felman, KC, said he had received correspondence including a medical certificate that stated that Setka was not currently in a state of mind to attend meetings, make decisions or instruct legal representation, though there was no indication of how long it would take him to recover.
Felman said the letter indicated Setka would be receiving treatment for several months and had a WorkCover claim that was being assessed, but the nature of his illness was not disclosed because Setka was concerned about releasing personal and private information to government organisations.
He told the court Setka needed to file a defence or a report from a qualified specialist medical practitioner.
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