Roxy Jacenko says she fears for her family’s safety after she was denied a restraining order against an ‘abusive’ former fan.
The Sweaty Betty PR boss claimed clothes salesman and Bitcoin trader Anthony Hess spray painted ‘Roxy is a c**t’ on the wall of her office after an argument at one of her seminars.
Magistrate Allison Hawkins refused her apprehended violence order application in court on Thursday, calling her case ‘hollow and unimpressive’.
Ms Jacenko stormed from Sydney’s Downing Centre Local Court in tears as Mr Hess celebrated with a ‘flossing’ dance on the steps.
She told Daily Mail Australia she was too fearful to return to the stage to do more of the seminars since the incident and ‘subsequent social media abuse and intimidating behaviour’.
Ms Jacenko has since only presented the talks, which she started in 2014, online instead of speaking to 500 women at a time up to six times a year.
Roxy Jacenko says she fears for her family’s safety after she was denied a restraining order against an ‘abusive’ former fan. The businesswoman on Friday told Daily Mail Australia the verdict left her at risk of further intimidating behaviour
‘To say I am shocked by the verdict is an understatement and shows the huge flaws in our legal system to protect women,’ she said.
‘I have genuine and justified fear for my safety and that of my family and properties by this man.’
Ms Jacenko and Mr Hess first clashed at one of her ‘Conversations’ events last February as Mr Hess stormed out over alleged homophobic abuse allegedly levelled at him by two other guests.
Magistrate Hawkins in her judgement said Ms Jacenko did not appear ‘alarmed, scared or shocked’ in video of the altercation.
‘She appeared well in control of the situation and security did not intervene,’ she said.
Ms Jacenko hit out at her handling of the situation being used as evidence that her fear of Mr Hess wasn’t genuine.
‘It is unfathomable how a professional, calm and measured demeanour as a business woman has been used against me in the court room,’ she said.
‘I fought for this AVO extension based on fears for my own personal safety and with all women in mind, in the hope of having a voice and protecting myself.
‘To say I am shocked by the verdict is an understatement and shows the huge flaws in our legal system to protect women,’ Ms Jacenko said. ‘I have genuine and justified fear for my safety and that of my family and properties by this man.’
Anthony Hess appeared to celebrate in a series of Instagram stories after the verdict
Roxy Jacenko is seen confronting Anthony Hess at one of her events at the Ivy in February last year
‘It seems we aren’t ready to hear it, which will end in even more terrible situations in our country where it would seem accountability doesn’t exist.
‘In my opinion Her Honour misapplied the test she ought to in a civil matter, there was almost no assessment of Mr Hess’ case, and quite frankly I feel Her Honour got it wrong.’
Footage of the confrontation was shown in court last year when Ms Jacenko gave evidence, claiming the incident caused Mr Hess to vandalise her office, leaving her living in fear.
The video was critical to Mr Hess winning the case as it led Magistrate Hawkins to believe Ms Jacenko had ‘grossly exaggerated’ her version of events.
Mr Hess claimed he was just trying to leave the seminar after being on the end of homophobic harassment by fashion designer sisters Bianca and Bridget Roccisano, who he says were specifically placed by Ms Jacenko to ‘set him up’ and create drama for her TV show ‘I Am Roxy’.
‘We’re not going to f**king sit there and get abused by your people. We’re leaving. Disgustingly handled,’ Mr Hess could be heard saying in the footage.
Ms Jacenko jumps in to ask everyone to ‘hang on’ as she attempts to figure out what the situation is.
She asks Mr Hess to calm down and to take a deep breath as he continues to complain about the incident being ‘handled terribly’.
Clothes salesman Anthony Hess ‘flossed’ outside court after a magistrate refused Roxy Jacenko’s bid to have a restraining order taken out against him
Ms Jacenko stormed out of the court the second her application was denied and cried as she power-walked to a waiting SUV
Ms Jacenko asks him what the problem is before explaining that she’s organised events since 2014 and has never had an issue.
As she continues to explain, Mr Hess and his female companion interrupt her before Ms Jacenko tells them to ‘just stop’ so she can try to sort out the problem.
‘Whatever issue you have with somebody else, the professional and the appropriate thing to do is to take it up with them, not with raised voices, calmly like I am now,’ Jacenko says.
‘But you know something, have some respect for everybody else here and for me.’
Mr Hess tells her they ‘tried’ to sort it out before Jacenko tells him to stop pointing at people and making hand gestures.
As they continued to squabble, Ms Jacenko asked the female companion to take Mr Hess away because ‘she doesn’t need this’.
‘Please take your friend, I don’t need this. This isn’t how we operate.’
The pair walk off and Ms Jacenko says ‘alcohol does strange things to people’.
She then walks back and tells Hess and his companion to have some respect because her husband doesn’t need to deal with this issue either.
Ms Jacenko attempts to calm Mr Hess down who was signalling and pointing at people
Mr Hess calls back up to Ms Jacenko and she once again asks him to stop with his behaviour in front of her guests
‘And deal with things in an appropriate fashion, thank you I appreciate it.’
Mr Hess calls back up to her and she once again asks him to stop with his behaviour in front of her guests.
‘Look at how you’re conducting yourself, I’m not surprised.’
The pair eventually walk out of the building, leaving Ms Jacenko confused and shocked.
Ms Jacenko and Mr Hess squared off in Sydney’s Downing Centre Local Court on Thursday amid claims he spray-painted ‘Roxy is a c**t’ on her office wall and other locations.
Her bid for an AVO to be taken out against Mr Hess was rejected, leaving Ms Jacenko in tears as she left court.
Magistrate Allison Hawkins said she did not believe Mr Hess sprayed the graffiti and found Ms Jacenko’s account to be ‘hollow and unimpressive… grossly exaggerated’.
She said Ms Jacenko did not appear ‘alarmed scared or shocked’ in video of the altercation at The Ivy and didn’t buy that she had a genuine fear of Mr Hess.
Outside court, a jubilant Mr Hess said the only offence was ‘Roxy’s spray tan and crimes against fashion’ and vowed to sue her for defamation.
Asked who sprayed the graffiti on Ms Jacenko’s Paddington office, he repeated his most memorable line from court.
‘Gay guys don’t do graffiti,’ he said.
Mr Hess told the court he used to be friends with the Roccisano sisters but stopped talking to them after they allegedly trashed a $14,000 Las Vegas hotel room he got them, and didn’t pay the room service bill.
He claimed another time that he found one of the women ‘pretty cracked out’ on his flatmate’s bed.
Mr Hess told the court after this altercation he told Ms Jacenko’s assistant Mason Brown ‘either they leave or [my friend and I do]’, but was promised they would be seated far apart.
However, he soon found he was seated directly in front of the two women, who he alleged ‘flicked water’ at him and made more homophobic comments.
Bianca Roccisano when giving evidence last year said Mr Hess’ claims about the sisters making homophobic comments were a ‘complete lie’.
After about 10 minutes he and his friend decided to leave and encountered Ms Jacenko on the way out, where Mr Hess claimed she attacked him.
‘She came at me like a steam train,’ he told the court. ‘She kept yelling at me ‘have some respect’. She was very aggressive.’
PR queen Roxy Jacenko (above) has failed to win a restraining order against a man she claims sprayed ‘Roxy is a c**t’ on the wall of her office
Anthony Hess (pictured) denied spraying the slurs on her Paddington office and other walls and bridges around Sydney
‘Roxy is quite a scary person, I was actually afraid of her.’
Video of Ms Jacenko and Mr Hess’s confrontation, filmed for her reality TV show, was played to the court last year when she gave her evidence.
Ms Jacenko claimed she was just trying to diffuse the situation and get him to leave the event as she had 500 people waiting to hear her speak.
‘I don’t think it’s right those women should have to be in that environment so my aim was to defuse the situation and remove your client from the room. He was screaming,’ she said last year.
However, Mr Hess’ lawyer Brett Galloway said she was ‘speaking over’ Mr Hess and said: ‘I suggest to you… his behaviour was more plaintive than aggressive.’
Ms Jacenko replied that she wouldn’t say ‘a man double my size hurtling towards me is anything other than scary.’
Mr Hess said he was ‘bawling his eyes out’ by the time he left the venue about 7.30pm.
Outside court, a jubilant Mr Hess said the only offence was ‘Roxy’s spray tan and crimes against fashion’
Hess was jubilant after the judge knocked back Jacenko’s AVO request
‘I was meeting my idol, I was so hyped up to meet her… I didn’t expect to leave in tears,’ he told the court.
‘I was heartbreaking and devastating how I was treated.’
Mr Hess said he expected Ms Jacenko to be a ‘decent person’ and investigate what happened, then call him to apologise and offer him a refund – but she didn’t.
‘If it was me, I’d have called and asked if they were OK,’ he said.
Ms Jacenko’s lawyer Greg James QC said the incident left Mr Hess with ‘resentment’ for his client, leading him to paint the offensive graffiti on her Paddington office two months later.
Mr Hess said he didn’t even know where her Sweaty Betty PR office was and he was asleep at a friend’s house on Oxford Street 10 minutes drive away at the time.
‘That’s not my style. Gay guys don’t do graffiti,’ he told the court. ‘I’m not violent, I’m not a criminal… I’m more of a fun guy.’
He denied holding any resentment towards Ms Jacenko over the incident.
‘To be honest, I’m too busy jetsetting around the world to worry about Roxy and what she is doing,’ he said.
When Mr Hess said the incident was ‘water under the bridge’, Mr James quipped: ‘What bridge? The one in Paddington that was sprayed with graffiti?’
Mr James said Mr Hess’s phone records put him in the vicinity of her office the night that graffiti was written.
Ms Jacenko stands in front of the slur that was spray-painted on the wall of her Paddington PR office
The Downing Centre Local Court heard the conflict between the pair began at one of Ms Jacenko’s $500-a-head ‘Conversations’ events at the Ivy, after Mr Hess got into an argument with two women
The words ‘Roxy Jacenko is a crook’ were also scrawled on a traffic barrier on nearby Syd Einfeld Drive.
Mr Hess said this would have been because his phone pinged off the same tower devices would be connected to near the Sweaty Betty office.
Mr James then accused him of lying to police by telling them he was in Melbourne when they called to ask about the graffiti.
He said Mr Hess allegedly told the detectives to ‘go out and catch some real criminals’.
Mr Hess said he was unsure of the date the vandalism occurred and mistakenly told them he was in Melbourne as he frequently travelled between the two cities.
He said CCTV footage that Ms Jacenko found of the vulgar phrase being sprayed on the wall showed the vandal was left handed, and he was right handed.
Mr James also interrogated Mr Hess over a series of Instagram posts he made mocking Ms Jacenko, some in sexual terms.
One used a photo of Ms Jacenko with the bridal party at her wedding to Oliver Curtis and added a thought bubble reading ‘I want all the d**k’ above her head.
Ms Jacenko was all smiles during a recess while the magistrate considered her judgement, assuming she would win the case
A comment he added read ‘how many groomsmen did Roxy dp?’ in reference to a sexual act involving multiple men and one woman.
Another had a thought bubble next to Ms Jacenko’s head reading ‘I’m a h**’.
Finally, Mr Hess re-posted a news article about Mr Curtis’ jail sentence for insider trading implying he was going to jail to get away from his wife and that the judge would consider time married to her in sentencing.
Mr Hess said he was a ‘well known joker’ and he ribbed any celebrity who made the news.
He told Mr James that he perhaps was ‘too old’ to understand online ‘social media and memes and joking and banter’.
Mr James in his closing argument tried to use the Instagram posts and Mr Hess’ demeanor in the witness box against him.
‘He seemingly has an inability to care about the effects of what he says about people,’ he said.
‘He is likely to do it again. He might think it’s a good joke that gives himself and others pleasure… but it intimidates.’
Mr Galloway admitted the posts were ‘in bad taste’ and inappropriate but did not contain ‘one word’ of threats.
Magistrate Hawkins agreed, saying she found Mr Hess ‘lacked social graces’ and his online behaviour was ‘puerile and juvenile’ but weren’t enough to cause fear.
Mr Hess looked delighted as he left court in his Lamborghini