John Setka’s ex-wife escapes conviction over threat to kill union boss

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The ex-wife of CFMEU boss John Setka, Emma Walters, has been found guilty of recklessness in threatening to kill her former husband, but escaped conviction over the matter.

Magistrate Leon Fluxman said Walters was “plainly” the victim of serious and prolonged family violence at the hands of Setka, which did not excuse her offending but gave it context.

Construction union boss John Setka and his former wife, lawyer Emma Walters.Credit: SIMON SCHLUTER

“You are in my view plainly the victim of serious and sustained family violence, which would have had a very prominent and protracted effect upon you,” he said.

“The context of the offending is that you were at the end of your tether and felt desperate, unsupported and violated. And of course, that does not excuse the offending. But context is always important.”

In March, Walters told a private investigator who had come to her home to “debug” any listening devices in the property that she wanted to obtain a gun so she could kill her former husband.

The investigator, Adrian Peeters, was so alarmed at her comments he secretly recorded the conversation. In the recording, Walters said: “I have to kill my children’s father to survive. And that is not a very good position to be in.”

A screen grab from a video of the police interview with Emma Walters on March 29, 2023.Credit: Magistrates Court of Victoria

In a later police interview, Walters said she had no intent to kill Setka. When police played her the recording of her comments to Peeters, she responded that she had been talking to a friend in frustration.

“He can access the property,” she told police, according to a summary read by Magistrate Fluxman.

“But have I got any intent to kill John Setka? No. But do I have a responsibility to protect myself and the children? Yes.”

The magistrate said police records showed that between December 2018 and October 2022, there were 19 occasions in which Setka was the respondent to police reports made by Walters.

In court, Walters’ lawyer Emily Clark said moral culpability was reduced in cases in which a person had a long history of violence perpetrated against them, and was fearful of the other person.

She urged the magistrate not to impose a conviction in the matter, arguing that if Walters had a conviction recorded, it could act as an impediment to her returning to her legal career.

“This is a woman who is raising two children, who set aside her career to do that initially,” Clark said.

“To further create further barriers for her, a woman who was a victim-survivor of prolonged and protracted family violence, and has given up her career … to create a further barrier to her employment [would be a] very significant punishment.”

The prosecution had sought a conviction and a fine.

Magistrate Fluxman found Walters guilty and said her offending was between the lower-end and the mid-range of seriousness and described her prospects of rehabilitation as good.

“What I say to you, Miss Walters is that you must now focus on yourself, your children, your education, and your working prospects.”

Ms Walters left court escorted by her lawyer and did not respond to questions from reporters.

Setka was contacted for comment.

with Marta Pascual Juanola

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