Breath test bat­tle in court

Central and North Burnett Times - - NEWS -

A ROU­TINE breath test turned into a bat­tle of wills in court.

Andrew Edwy Kent ap­peared at Gayn­dah Mag­is­trates Court on three charges af­ter re­fus­ing to com­plete a breath test.

Kent was pulled over on the Bur­nett Hwy at Gayn­dah, on Fe­bru­ary 15, and failed to co-op­er­ate with po­lice.

In court, Kent rep­re­sented him­self and re­peat­edly said he did not un­der­stand the charges.

Pro­ceed­ings slowed to a crawl while Mag­is­trate Max­ine Bald­win tried to ex­plain the charges and how the court op­er­ated.

“I’m not ask­ing whether you did it or not, or whether you ac­cept it, I’m just mak­ing sure you un­der­stand the charges,” she said.

Mr Kent changed the topic and asked if the po­lice pros­e­cu­tor had met him be­fore, caus­ing Mag Bald­win to in­ter­rupt.

“Don’t start with me, I’ve had a long day al­ready,” she said.

Kent con­tin­ued to ad­dress the po­lice pros­e­cu­tor, ask­ing him if he had the full brief of ev­i­dence.

“If there is no ev­i­dence then how can I be guilty,” Kent said.

Mag Bald­win said Kent was close to con­tempt of court and re­asserted her author­ity.

“It doesn’t work that way, you don’t get to run the court,” she said.

Af­ter more dis­cus­sion about charges and need­ing to ap­ply for bail, Kent was re­manded into cus­tody.

He re­turned an hour later and was rep­re­sented by JohnWil­lett, who re­quested an ad­journ­ment for a full brief of ev­i­dence to be sup­plied.

Kent will next ap­pear at court on April 22.

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