REMEMBER WHEN

GOLD COAST BULLETIN Saturday May 9, 1998

A MAGISTRATE ruled there was a prima facie case against Gold Coast solicitor Kerry Smith and her husband Clinton on charges arising from a confrontation with police.

Kerry Smith, then 45, had pleaded not guilty in the Southport Magistrates Court to two counts of assaulting police while her husband, Clinton, had pleaded not guilty to one count of obstructing police.

The charges stemmed from an alleged incident when two police officers went to Smith’s Broadbeach home to question her husband over a wilful damage complaint.

It was alleged Kerry Smith would not let police inside the house and that she pushed a policewoman as she attempted to talk to Smith’s husband, resulting in a struggle.

The Smiths’ defence team had submitted to Magistrate Pam Dowse that their clients did not have a case to answer because they were legally entitled to use reasonable force to evict the police officers, who did not have a warrant.

Ms Dowse ruled the Smiths did have a case to answer.

The case returned to court later that month and Mrs Smith was fined $800 after being found guilty of assaulting police at her Broadbeach home.

However, no conviction was recorded against her. But in late 1999 her convictions for assault were quashed on appeal

Brisbane District Court’s Judge Charles Brabazon also quashed the conviction of Mr Smith for obstructing police.

Judge Brabazon found the magistrate could not have been convinced “beyond reasonable doubt’’ the police were lawfully at the house. Mrs Smith later went on to become a barrister.