{"id":361056,"date":"2025-05-24T14:35:20","date_gmt":"2025-05-24T04:35:20","guid":{"rendered":"https:\/\/southburnett.com.au\/news2\/?p=361056"},"modified":"2025-05-28T13:13:44","modified_gmt":"2025-05-28T03:13:44","slug":"schulz-wins-conviction-appeal","status":"publish","type":"post","link":"https:\/\/southburnett.com.au\/news2\/2025\/05\/24\/schulz-wins-conviction-appeal\/","title":{"rendered":"Schulz Wins Conviction Appeal"},"content":{"rendered":"<figure id=\"attachment_278446\" aria-describedby=\"caption-attachment-278446\" style=\"width: 200px\" class=\"wp-caption alignright\"><a href=\"https:\/\/southburnett.com.au\/news2\/wp-content\/uploads\/2020\/09\/scotthenschen1.jpg\"><img loading=\"lazy\" class=\"size-full wp-image-278446\" src=\"https:\/\/southburnett.com.au\/news2\/wp-content\/uploads\/2020\/09\/scotthenschen1.jpg\" alt=\"\" width=\"200\" height=\"290\" \/><\/a><figcaption id=\"caption-attachment-278446\" class=\"wp-caption-text\">Former Division 6 councillor Scott Henschen<\/figcaption><\/figure>\n<p><strong>May 24, 2025<\/strong><\/p>\n<p>A former Tingoora resident has had her two convictions of unlawfully stalking former South Burnett councillor Scott Henschen set aside.<\/p>\n<p>However, no new date has been set for any possible retrial in the Brisbane District Court.<\/p>\n<p>Judith Ann Schulz was sentenced to 18 months&#8217; jail by Judge Loury KC in the Brisbane District Court on December 9 last year after a three-week trial.<\/p>\n<p>A jury found her guilty of two counts of unlawful stalking \u2013 relating to alleged incidents in 2020 and 2021 \u2013 but found her not guilty of attempted extortion.<\/p>\n<p>A parole release date of July 9, 2025, was set.<\/p>\n<p>Schulz, represented by Legal Aid Queensland, immediately lodged an appeal in the Supreme Court.<\/p>\n<p><strong>Three Supreme Court judges examined the matter and published their orders on May 16.<\/strong><\/p>\n<p>They ruled that the appeal be allowed, the verdicts of guilty be set aside and a new trial be held.<\/p>\n<p>The basis of the appeal was linked to jury communications to the trial judge late in the hearing.<\/p>\n<p>These notes, connected to issues which allegedly arose in the jury room, led to an application by defence counsel for the jury to be discharged.<\/p>\n<p>However, Judge Loury refused this application and instead discharged a single juror.<\/p>\n<p><strong>The refusal of this application was not challenged in the appeal, however the discharge of the single juror, who had reportedly expressed dissenting views to the other jurors, was.<\/strong><\/p>\n<p>&#8220;A fair-minded observer might have perceived the discharge of this particular juror as the removal of a potentially dissenting voice before she had a chance to change her view, or before she had the chance to change the view of the other members of the jury,&#8221; the appeal judges found.<\/p>\n<p>The appeal judges &#8211; Judge C.J. Bowskill, Judge J.A. Bradley and Judge J. Callaghan &#8211; found that discharging the juror concerned an important element of a fair trial, and a miscarriage of justice had occurred.<\/p>\n<p><strong>Schulz, a web designer, was Mr Henschen\u2019s campaign manager at the 2020 Council election but afterwards had a very public falling out.<\/strong><\/p>\n<p>She was arrested and charged by detectives from Murgon CIB in May 2021.<\/p>\n<p>Mr Henschen recontested the Division 6 council seat at the 2024 election but was defeated.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A former Tingoora resident has had her two convictions of unlawfully stalking former councillor Scott Henschen set aside.<\/p>\n","protected":false},"author":20,"featured_media":278447,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[3,24],"tags":[1132],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v19.11 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Schulz Wins Conviction Appeal - 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