Far-right activist Neil Erikson has been found in contempt of court for failing to take down social media posts of him wearing a freight company’s uniform while ambushing former senator Sam Dastyari in a pub.
Toll Transport obtained a court order last year demanding Erikson return its green and orange uniforms, and delete a photo and video featuring the clothes, by December 14.
The video in question features Erikson and a friend confronting Mr Dastyari in a Melbourne pub while he was a senator, which was published on YouTube.
The photo, which was posted on Twitter, features an associate of Erikson wearing the uniform while in a scuffle outside a speaking event for commentator Milo Yiannopoulos.
Toll alleged the uniform had been lent to the man by Erikson.
Erikson was sacked by Toll in 2015 after failing to show up at work for three weeks while he was facing court on stalking charges.
He also worked for the company in Tasmania for a further two months in 2017 after lying on a job application by saying he did not have any criminal convictions.
Neil Erikson with members of the United Patriots Front outside a Melbourne court last year. (ABC News: James Oaten)
The company said some of its customers were threatening to never do business with it again because the uniforms were featuring in the content.
Toll had applied to the Federal Court for Erikson to be found in contempt after he failed to return the uniforms or delete the digital content in the timeframe on the court order.
Erikson argued in a December hearing that he could not return the uniforms because he had discarded them.
He also said he would immediately delete the photo and video.
In the Federal Circuit Court in Melbourne, Judge Suzanne Jones found it could not be proved beyond reasonable doubt that Erikson had not discarded the uniforms, and therefore he was not in contempt of the court order on that point.
But she ruled he had not removed the social media content in specified time, despite being aware of the order, and so found him in contempt for failing to comply.
Erikson was not in court for the hearing.
Judge Jones has now listed the case for a hearing in March to determine whether Erikson should be punished.
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