April 30, 2020

Not guilty for client charged with assault officer and disturbance of public order – MJ case study

Refugee boatRefugee protester charged with assaulting police

MJ was holding one end of a large banner with her husband, relating to the Refugee Action Coalition.

Police allege that MJ was obstructing pedestrian traffic on the footpath. MJ was approached by a Police Inspector, who requested that she move her banner away from the footpath. MJ and her husband moved from the footpath to the bottom of entry stairs for the Australian Broadcasting Corporation‘s offices in Ultimo in Sydney‘s inner city. ABC Security informed them they were blocking a fire exit and the Inspector formally directed them to move way.

It is alleged that MJ refused, lunged towards the Inspector and struck the right side of his face with her left arm. Further police then assisted with moving her away and attempted to place her under arrest. MJ was then placed under arrest and later conveyed to Day Street Police Station. Upon arrival, it is alleged that MJ used her body weight to resist police. She was issued directions to comply, but refused. MJ was charged with

  • refuse/fail to comply with direction,
  • assault officer while in execution of their duty
  • and resist an officer while in the execution of their duty.

Not guilty on all charges thanks to Police Body Worn Video

O’Brien Criminal and Civil Solicitors successfully represented MJ at the Downing Centre Local Court. As instructed by MJ we pleaded not guilty to all 3 sequences.

As the incident was captured on Police Body Worn Video, we obtained a transcript of this and successfully raised doubt. We also obtained a number of character references, which supported MJ’s good character. MJ was found not guilty of all 3 charges.

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

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