Hanson and Ettridge have spent 25 days in jail after being sentenced on August 20 to three years for electoral fraud. Outside court, Hanson’s devastated sister Judy Smith demanded to know why Hanson was being kept in jail.
They have appealed against the Brisbane District Court convictions and the sentence handed down by Chief Judge Patsy Wolfe, with the Court of Appeal hearing set to go ahead in Brisbane on November 3.
Hanson’s lawyer Chris Nyst said he would talk to her about taking her case for bail to the High Court, after today’s judgment appeared to support her case.
Court of Appeal Justice John Jerrard handed down the judgment alone at 9.30am (AEST) after hearing the bail application with Justices Anthe Philippides and Peter Dutney last Wednesday.
Hanson and Ettridge took their case to the appeal court after Supreme Court Justice Richard Chesterman refused to grant them bail on September 1.
In the eight-page written judgment, the appeal court found possible “strong grounds” for the verdict to be overturned on appeal, but said the chance of success was too hard to calculate.
The judgment also raised the prospect that the Crown case was based on an error in law if members of the One Nation support movement were found to have party membership rights.
The crown argued at the 23-day trial that a list of over 1,000 names used to register the party in Queensland was a list of members of Hanson’s support movement, not members of her party.