UPDATE 14/01 – my Summary of Facts
My only charge is still obstructs police – seemingly because I refused to comply with an unlawful request. Note the fact that they haven’t charged me with disorderly behaviour must mean they realise my use of a megaphone was not unlawful. I have no doubt at all that I will win this case.
POLICE v ROCHELLE REES
CHARGES: Obstruct/Hinder Police
SUMMARY OF FACTS
INTRODUCTION
On Friday the 8th of January 2010 at about 1:05pm, the Defendant was part of an organized protest against a participant within the ASB Tennis Stadium.
CIRCUMSTANCES
Obstructs Police
The Defendant was on a grass verge next to Lower Domain Drive using a megaphone to chant messages in a manner that was reported by spectators as being disruptive.
After receiving complaints from members of the public, and on the third time using the megaphone, the Defendant was warned by Constable BAILEY for her actions. The Defendant continued to chant ignoring Constable BAILEY’s instructions and started to walk away from him.
After the Defendant continued to use the megaphone she was subsequently arrested and escorted to a Police patrol vehicle.
DEFENDANT COMMENTS
The defendant declined to comment.
The defendant has previously appeared before the Court.
ORDERS
An order is sought for the destruction of a Fanon megaphone.
Constable HOSKYN
PHZ296
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The first five defendants from the tennis protests last week had their plea hearing this morning. John Darroch has kindly given me permission to publish his summary of facts. The summary of facts for the rest of the defendants are pretty much the same. I will post my summary of facts in the comments section on this thread after my court hearing on Thursday – I don’t want to tie up more of the front page with this stuff.
POLICE V JOHN DARROCH
CHARGES: Disorderly Behaviour & Obstruct/Hinder Police
SUMMARY OF FACTS
INTRODUCTION
On the 7th of January 2010 at the ASB Tennis Stadium on Tennis Lane in Auckland City, the ASB Classic Women’s Tennis Tournament was in progress. This is a large event with international players and an audience of approximately 3000 spectators in attendance.
CIRCUMSTANCES
At about 11.00am the Defendant, John Paul DARROCH was at the corner of Tennis lane and Lower Domain Drive, Auckland City. The Defendant was part of a protest group consisting of approximately 20 persons outside the ASB Tennis Stadium.
The Defendant was present when the group’s organizer was given warnings by police Sergeant Marcus CHAWNER regarding the level of noise and the use of loud hailers during the protest. The group was advised of the consequences of continuing their actions at the current noise levels.
These warnings stemmed from a number of complaints from spectators within the stadium stating that the group’s noise level was clearly audible and could be heard over the stadium’s public address system. The event organizers also complained that the group’s actions were disruptive to the match in progress. Emotions were running so high that one spectator told the Police that if they were unable to stop the noise from the protestors that he and his friends would take matters into their own hands.
The Defendant was further witness to other members of the protest group being arrested for breaching the peace through the use of excessive noise.
In response to the arrest of his associates, the Defendant climbed a tree and refused to come down at Police requests. He proceeded to chant and yell slogans through a megaphone loud hailer inciting his associates to do the same. The Defendant was seeking to disrupt an Israeli tennis player who was playing at the time and the event’s spectators/supporters. He was subsequently arrested.
The Defendant gave no explanation for his actions.
The Defendant is a 21 year old male student. He has not previously appeared before the Court.
ORDERS
On conviction, an order for the destruction of the exhibit is requested by the Police.
Constable CLEMENTS
LCY768
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