One Nation defector and his wife 'live in fear' of Pauline Hanson's top advisor who they claim assaulted them in fiery clash at Parliament House - but a magistrate refuses to order an AVO

  • Brian Burston filed an Apprehended Violence Application against James Ashby
  • He claims he and his wife now 'life in fear' from the One National staffer 
  • The pair were filmed in a public scuffle at Parliament House on February 13 
  • The tussle erupted after Burston accused Pauline Hanson of sexually harassment
  • Senate President Scott Ryan later revoked Mr Ashby's parliamentary pass 

By Nic White and Karen Ruiz For Daily Mail Australia

Published: 02:42 EDT, 9 April 2019 | Updated: 03:07 EDT, 9 April 2019

Controversial senator Brian Burston claims he and his wife 'live in fear' of Pauline Hanson's chief of staff after a fist-fight in the halls of parliament.

The United Australia Party leader filed for a restraining order against James Ashby, alleging he assaulted him and his wife Rosalyn.

Their public brawl on February 13 was caught on camera and led to Ashby being banned from Parliament House.

Senator Brian Burston (right) filed an Apprehended Violence Application against Senator Pauline Hanson's chief-of-staff James Ashby (left) following their public brawl

Senator Brian Burston (right) filed an Apprehended Violence Application against Senator Pauline Hanson's chief-of-staff James Ashby (left) following their public brawl 

Footage showed the pair grappling with each other in the halls of Parliament on February 13

Footage showed the pair grappling with each other in the halls of Parliament on February 13

Senator Burston, 71, had publicly accused Senator Hanson, his former boss when he was part of One Nation, of sexual harassment.

The pair sat on opposite sides of the room in Toronto Local Court, on the NSW Central Coast, on Tuesday with Ashby flying in from Queensland.

The parliamentarian's lawyer Stephen Churches alleged the dust-up wasn't the only 'repeated act of harassment and aggression' that led to his client needing an AVO.

'There's an allegation of assault upon the complainant's wife and there's a further allegation of assault on my client,' he said, according to the Daily Telegraph.

'He and his wife are in fear and want some protection from the defendant due to a number of events that have occurred over a number of months.'

Ashby's (pictured) lawyer Danny Eid said the accusations were 'utter garbage' and the video footage would exonerate his client

Ashby's (pictured) lawyer Danny Eid said the accusations were 'utter garbage' and the video footage would exonerate his client

Ashby is chief of staff to Pauline Hanson (pictured together) and the AVO could complicate his work if it was granted

Ashby is chief of staff to Pauline Hanson (pictured together) and the AVO could complicate his work if it was granted

However, Ashby's lawyer Danny Eid said the accusations were 'utter garbage' and the video footage would exonerate his client.

He challenged the jurisdiction of a NSW court to hear the case, but Mr Churches claimed there were other alleged incidents in that state.

Magistrate Alan Railton sent the case to mediation instead of making an interim orders, and set the next court date for May 28.  

Footage showed the pair grappling with each other after Senator Burston accused Senator Hanson of sexually harassing him on three occasions over two decades.

Senator Burston shared images of his bloodstained hand, which was later seen in bandages.

The altercation prompted Senate President Scott Ryan to revoke Ashby's parliamentary pass after he called it 'inappropriate behaviour by a passholder towards a Senator.'

Senator Burston later said he would not attend the April Budget session if Ashby was present. 

Senator Burston shared images of his bloodstained hand (pictured) following the confrontation

Senator Burston shared images of his bloodstained hand (pictured) following the confrontation

The senator's hand was later seen wrapped in gauze
Mr Burston's hand after the brawl

The senator's hand was later seen wrapped in gauze. Mr Burston later reported the incident ot the police 

The tussle erupted after Ashby approached Senator Burston as he and his wife left the Australian Minerals Industry Parliamentary Dinner and put a phone close to his face to film him, causing the 71-year-old to lash out.

'I told him to f*** off, I lost it I grabbed him and I pushed him up against the wall, I defended myself and my wife, physically,' Senator Burston told News Corp at the time.

Ashby later provided a photo which he claimed showed the door to Senator Hanson's office smeared in blood, but Senator Burston denied having anything to do with the marks on the door.

Senator Burston later reported the incident to Australian Federal Police.  

The senator had claimed Senator Hanson ran her fingers up and down his spine as they stood on stage at the One Nation Party's first Annual General Meeting at the Rooty Hill RSL in 1998. 

He said the second alleged incident took place in 2016 while visiting her home with former politician Peter Breen.  

In a third alleged incident, Senator Burston claimed the pair were at dinner when Ms Hanson mentioned she had some free time after the meal, allegedly saying 'what do you reckon?'. 

Ms Hanson hit out at the sexual harassment claims as baseless and 'hilarious', saying she wouldn't 'go near him with a barge pole'

Ms Hanson hit out at the sexual harassment claims as baseless and 'hilarious', saying she wouldn't 'go near him with a barge pole'

Mr Burston claimed Ms Hanson sexually harassed him on three separate occasions over a 20 year period 

Mr Burston claimed Ms Hanson sexually harassed him on three separate occasions over a 20 year period 

Senator Hanson hit out at the sexual harassment claims, calling them baseless and 'hilarious'.

'I wouldn't go near him with a barge pole... I just feel it's quite hilarious that he's made these allegations against me,' she said. 

Mr Breen also hit out at the claims of sexual harassment levelled against Senator Hanson. 

'For Brian to suggest that (invitation to stay at her property) was some kind of advancement by Pauline is just ridiculous,' he said.

Mr Ashby (pictured with Ms Hanson) used his phone to film Mr Burston as he left the Australian Minerals Industry Parliamentary Dinner

Mr Ashby (pictured with Ms Hanson) used his phone to film Mr Burston as he left the Australian Minerals Industry Parliamentary Dinner

'I can't recall an occasion where she hasn't invited someone to stay ... Pauline Hanson has much better taste than to be sexually harassing Brian Burston.' 

He said it was common for colleagues and friends to stay at Senator Hanson's property, which has separate accommodation from her home and is over an hour away from the nearest airport.  

Senator Burston said he left the One Nation Party in June of 2018 to join the United Australia Party as a result of the perceived sexual harassment from Senator Hanson. 

However, at the time, he told media he left the party after not being asked if the party should withdraw support from the company tax cuts plan put forward by the Federal Government. 

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Senator and his wife 'live in fear' of One Nation staffer James Ashby

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