A 44-year-old man who forcibly resisted arrest after refusing to leave Centrelink last year was fined $2000 in the Launceston Magistrates Court.
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Eamonn Patrick James Connaire, of West Launceston, was found guilty of trespass, refusing to state name and address and resisting a police officer on June 23, 2021.
Confronting body-worn camera footage of Connaire's arrest was played to the court showing him struggling with police for several minutes.
At the beginning of the hearing, Connaire refused to confirm his name when asked by Magistrate Simon Brown.
He also refused to wear a mask and stood throughout the hearing despite police prosecutor Natalie Clark saying it was intimidating.
After several interruptions by Connaire, Mr Brown said: "If you interrupt me we could get into problems with contempt and you may go out that door [the door to the holding cells]," he said.
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Centrelink manager Tammy Hodgson said Connaire refused to answer questions about COVID-19 when he attended Centrelink last year. She said he was aggressive and intimidating.
She said he was asked to leave but refused to do so prompting a call to police.
During cross-examination, Connaire asked: "Are you a biosecurity officer?"
"No," Ms Hodgson answered.
Constable Corey Phair gave evidence that Connaire told him it was illegal to ask him about his personal medical information.
He said he warned Connaire that if he did not leave he would be arrested and charged with trespass.
After several minutes of dispute, Connaire asked officers their names and badge numbers and attempted to film them but police attempted to arrest him.
"The defendant pulled back his arms and resisted arrest and he was taken to the ground to safely arrest him," Constable Phair said. "He rolled around on the ground and locked his hands under him."
The body-worn camera footage was shown during which Connaire refused to state his name and address.
Police found out Connaire's name when they answered his mobile phone, which had been seized for safekeeping, when Connaire's daughter confirmed his identity.
When cross-examining and being told to watch his language, Connaire said: "I'm just a bit pissed off because I've got to look at this guy after what happened".
Constable William Richman said Connaire resisted for a few minutes before he could be placed in handcuffs.
"He grabbed onto my arm to stop me manoeuvring his hands," he said.
The court heard that a custody sergeant did not allow Connaire to contact a lawyer until after he gave his name.
Connaire gave evidence that he had asked reasonable questions but staff and police had refused to answer all of them.
During cross-examination, Ms Clark asked if he had resisted arrest quite violently.
"I have a right to resist, it was unlawful," he said.
Several times Mr Brown asked him to be quiet.
"This is my court and in my court, only one person at a time has the talking stick," he said.
When giving his decision Mr Brown said that in relation to trespass there was very little that separated the prosecution case and Connaire's version.
"Oh, there is," Connaire said.
"Please don't interrupt me, I'm holding the talking stick," Mr Brown said.
He said that the occupier of the building was entitled to provide conditions of entry.
"The defendant was not prepared to comply and he refused to answer and refused to leave," he said.
He said that the defendant had an ideological issue with the requirements.
He said it would have been very frightening for anybody present on the premises at the time.
"The police were simply doing their job and the resist was maintained for quite some time and was quite forcible," he said.
He said that Connaire had prior matters which showed that he did not bow to authority.
He fined him $2000.
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Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
