An Australian army major who responded to a suspected racist comment from a senior public servant with "a bit of argy bargy" has had his military charge of creating a disturbance quashed by the High Court.
Major Ting Li, a member of the Australian Defence Force's legal division, was involved in an incident with director of special financial claims Andrew Snashall in the ACT's Campbell Park Offices back in February 2010.
One witness described the event to the courts as "a bit of argy bargy" with no physical contact or foul language.
The matter began when Major Li's wife visited him at work with their newborn baby in July 2009, with Mr Snashall commenting: "I see you have been polluting the world with your genes."
Major Li, who found the comment offensive and suspected it to have been racially motivated, sought out Mr Snashall several months later.
He refused to leave Mr Snashall's office when asked to do so, then proceeded to loudly follow the public servant down a hallway.
"(Major Li) forcefully pushed against the office door when Mr Snashall returned and attempted to close it, and stood close to Mr Snashall's face speaking in an agitated and aggressive manner," the High Court judgment read.
Major Li was charged before a restricted court martial, and then convicted and sentenced to be severely reprimanded and fined for the disturbance.
In an attempt to save his military career, Major Li appealed the conviction - without success - in the Defence Force Discipline Appeal Tribunal and the Federal Court.
However, the High Court of Australia on Wednesday unanimously quashed Major Li's conviction and remitted the case back to the Defence Force Discipline Appeal Tribunal.
"The High Court held that `creating a disturbance' involves the intentional doing of an act which results in a non-trivial interruption of order," the judgment read.
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