December 19, 2017

Protesters Interfering with Traffic – Charges Dismissed: Police v JK

Protesters interfering with traffic

Road Rules 2014 

Charges dismissed

Arrest for Disobeying Road Rules during Involvement in Protest

O’Brien Criminal and Civil Solicitors represented several participants involved in a group protest, one of which was JK. The protest was disrupting and interfering with traffic. The chief inspector at the scene claimed to have given a lawful direction for the protesters to move on. They remained at the scene which led the chief inspector to call the police about the situation including his claim that he had given the lawful direction. The police attempted to usher and control the protest and eventually arrested our clients, charging them with disobeying Road Rules 2014.

Case heard before Local Court

Our clients sought to have the matter withdrawn however this was unsuccessful. They elected to have the matter heard in the Local Court claiming that they had not heard the direction and therefore had not committed an offence.

Successful Cross-Examination of Witnesses

O’Brien Criminal and Civil Solicitors successfully represented JK and others in this case over a 2 day hearing. It was argued that our clients had not heard the directions given by the chief inspector. Our solicitor successfully cross-examined six police witnesses and the chief inspector. The outcome was that the prosecution could not prove beyond reasonable doubt that our clients had in fact heard the directions. They were found not guilty of the offence and the charges were dismissed.

Protesters blocking traffic, disobeying lawful orders of police

Police attempting to manage the protest before arresting several protesters

Contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to set up a free appointment with the defence lawyers in our Sydney office. 24 hour phone / text: 0421 373 961