Barlow v Queensland Police Service [2014] QDC 31

DISTRICT COURT OF QUEENSLAND CITATION: Barlow v Queensland Police Service [2014] QDC 31 PARTIES: GEOFFREY JAMES BARLOW (Appellant) v QUEENSLAND POLICE SERVICE (Respondent) FILE NO/S: 159/2013 DIVISION: Appellate PROCEEDING: Appeal ORIGINATING COURT: Magistrates Court at Southport DELIVERED ON: Ex tempore 7 February 2014 DELIVERED AT: Southport HEARING DATE: 7 February 2014 JUDGE: Samios DCJ ORDER: 1. Appeal adjourned to the Registry for a date to be fixed 2. Direct the Registrar to place a copy of the reasons from this hearing on the file 3. Direct the Registrar to obtain and place on the court file, within 21 days, the reasons of the Magistrate of 7 January 2013, at Southport, if any, who dismissed a breach of bail charge against the Appellant 4. Direct the Registrar to send copies of any such reasons to the parties, as soon as possible, after those reasons are obtained by the Registrar 5. Direct that this Appeal be mentioned before a judge in the future, to ensure when set down for hearing it is ready to be heard CATCHWORDS: POLICE - Wrongful arrest - where the Appellant was arrested for an alleged breach of bail after failing to report to a Police Station - where the Appellant allegedly obstructed the Police at the Police Station - whether the Appellant breached his bail - whether the Appellant’s arrest for alleged breach of bail was lawful COUNSEL: Mr GJ Barlow for the Appellant (self-represented) -- 1 of 4 -- 2 No appearances by counsel on behalf of the Respondent SOLICITORS: Mr GJ Barlow for the Appellant (self-represented) Miss KE Sampson of the Office of the Director of Public Prosecutions Queensland for the Respondent [1] HIS HONOUR: Yes. In this matter two aspects of the appeal are unsatisfactory, and I cannot proceed to hear the appeal today. However, I place them on the record. I direct a copy of these reasons be placed on the file so the next Judge hearing the matter understands why I make the orders I propose to make. It seems to me that it is an omission for – on the part of Mr Barlow, the Appellant, to have not served a copy of his father’s affidavit on the Respondent. That affidavit may, arguably, support an argument that Mr Barlow was not in breach of his bail at Broadbeach Police Station on 26 June 2012. [2] In addition, it is not apparent to me whether there were reasons, but the material in the file tells me that Mr Barlow was successful in having the charge, that he breached the bail on 26 June 2012, at Broadbeach Police Station – he had that charge dismissed by the Magistrate at Southport on 7 January 2013. He did not obtain any reasons. He also does not have the name of the Magistrate. I think a consideration of the reasons, if any, would be illuminating on the issues in this appeal. [3] Basically, for the record, Mr Barlow is alleged to have breached his bail, on 26 June 2012, by not attending at Broadbeach Police Station. The evidence, which would include that from his father in the affidavit, is that he had good reasons not to attend at Broadbeach Police Station, but, rather, he did attend, and there was no dispute about this, at Maroochydore Police Station on 28 June 2012. However, when he turned up at -- 2 of 4 -- 3 the Maroochydore Police Station on 28 June 2012, he was arrested for breaching his bail by not attending at Broadbeach Police Station on 26 June 2012. [4] The evidence before the Magistrate hearing the charge, that is the subject of the appeal before me today, is that Mr Barlow was placed under arrest, and then when he was told to go the watch-house, he resisted, and in that way obstructed the Police. He was also initially charged with assaulting the Police at Maroochydore Police Station, but that charge was not proceeded with. So he faced the Magistrate on the 3rd of April 2013, at Maroochydore, with the one charge outstanding, which was that he had obstructed the Police on the 28th of June 2012. His argument, in part, is that the breach of bail allegation is the genesis of everything that followed; that is the assault Police and the obstruct Police. [5] As I have said the assault Police was not proceeded with before the Maroochydore Magistrate on the 3rd of the April 2013. The obstruct Police was proceeded with. However, it occurs to me that it may be relevant, and I have not come to a concluded opinion on this, that if he was not guilty of the breach of bail, then it may not have been lawful to arrest him at Maroochydore Police Station on 28 June 2012. Further, if that arrest was not lawful, then he may not have been guilty of the obstruct Police on 28 June 2012. Therefore, I am going to adjourn the hearing of this appeal to the registry for a date to be fixed. [6] But I direct the registrar to obtain and place on the court file, within 21 days, the reasons of the Magistrate of 7 January 2013, at Southport, if any, who dismissed a breach of bail charge against the Appellant. I also direct the Registrar to send copies -- 3 of 4 -- 4 of any such reasons to the parties, as soon as possible, after those reasons are obtained by the registrar. I direct this appeal be mentioned before a judge, in the future, to ensure when set down for hearing it is ready to be heard. I also put on the record that the QPS today were not in a position to argue about the contents of the Appellant’s father’s affidavit, which was filed in this court on the 27th of November 2013, well after the notice of appeal was filed, I think, on the 17th of June 2013. -- 4 of 4 --