Breath test battle in court
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.