Eden-Monaro candidate Andrew Thaler spared conviction in Queanbeyan court for intimidating NSW RFS staff in Cooma

Andrew Evan Thaler, who contested the Eden-Monaro seat as an independent during the recent election, fronted the Queanbeyan District Court on Monday after pleading guilty to intimidation.

The court heard that Thaler in February 2018 went to the Cooma headquarters of the NSW Rural Fire Service after making an appointment to obtain a burn permit.

A dispute ensued between Thaler and RFS officers and a staff member after Thaler was told to wait for an inspector, who was the only one who could issue the permit.

Thaler video recorded the latter parts of the incident, which was played to the court.

He could be heard saying "I've been lied to" and "your treatment of me is wrong".

"Whilst you victimise me with this bulls--t f-----g rules ... I will not tolerate it," he said.

"You are public service, you are supposed to act equitably, fairly and justly."

An officer told him "you've been abusive and rude to staff" and told him to leave.

Thaler was also told police had been called.

"I'm leaving now because you arseholes are insane," he said.

"I am leaving, the door's opened. Have a cry."

As he left, he gave the officers a middle finger.

"Absolute f-----g joke," he said.

"This is going to go to the fire commissioner ... I do not need to be treated like this."

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The court heard that prior to the video being recorded, Thaler ignored the staff member's direction not to enter an area in the building and swore at her, which formed the intimidation offence.

Thaler initially faced another charge - remaining in a building intending to intimidate - that was withdrawn after he pleaded not guilty.

Judge Robyn Tupman said the intimidation offence was proven, but she recorded no conviction.

She said he did not deserve a conviction even though he was on this occasion and in the past had "been irritating".

The judge said the offence was "effectively a stale" one at the "very bottom range" that did not call for deterrence for Thaler.

However, she said "people who work in regional or rural communities in public service ought not be intimidated".

"This incident could have been handled better," Judge Tupman said.

"The threat to call police was completely unnecessary ... it was clear the offender was leaving and giving a spray as he went.

"Regrettably it is quite clear Mr Thaler puts himself at risk by behaving like this."

Judge Tupman said the conviction was not necessary also because of the four-year delay in finalising the matter, which she said was already "an excessive punishment".

"This ought not to be seen as sending a message to the community that people can walk into public offices, shout and swear at people who are working," she said.

"This court must sentence on the basis of the objective criminality."

Judge Tupman said the victim in the video "no doubt felt a degree of discomfort bordering on intimidation".

"She did not give the impression that she was particularly stressed," the judge said.

The court heard Thaler wrote a letter to the court to apologise to the victim and the RFS.

Judge Tupman described the initial prosecution case as "complete overcharging" because the evidence showed Thaler was leaving and could not be convicted of the charge that was withdrawn.

References about Thaler were also tendered, including his positive community work and description of him "being frequently unnecessarily blunt and impatient and being self-centred" when dealing with "illogical processes".

"On this occasion, no doubt that bluntness and impatience is what led to this issue," Judge Tupman said.

As well as criticising the prosecution for their pursuit of the two charges, the judge criticised Thaler for initially electing a jury trial before the parties came to a resolution.

The court heard that on appeal, he also had no conviction recorded for the police assault and he received a bond for another assault in 2009.

Outside of court, Thaler posed for photos for journalists.

He was asked if he had comments to make about the matter before his lawyers called him away.

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