The police case against a Byron local arrested at a ‘My body, my choice’ protest has been dropped, according to rally organiser Dean Jefferys.
Mr Jefferys says the charge of ‘Fail to comply requirement public health order – COVID-19 Statutory Provision Describing Offence: Act/Regulation Public Health Act 2010, Section/Clause 70 (1)’ was withdrawn by the police prosecutor and the magistrate dismissed the case.
He told The Echo, ‘Dharma Mitra, the defendant, is now looking into charging the police with unlawful arrest and abuse of powers under the “emergency” Biosecurity Act 2015’.
‘Dharma Mitra was sitting down in a group listening to a speaker, then was approached by six police, handcuffed, had her arms twisted and bruised and spent three hours waiting in the Byron lockup after the arrest. It’s a classic example of police abusing their power under the Emergency Act’.
High Court test case
Jefferys says Ms Mitra’s defence is currently being tested in the High Court of Australia, and surrounds ‘Questions of Law’.
‘It is the argument of the defence that there is no statistical nor scientific basis for the Public Health Order – COVID-19 for which the Defendant is accused of non-compliance, and that the Public Health Order is, in fact, constitutionally unlawful and against Australian Human Rights’, he said.
‘Matter L12182685 has been set aside until Friday, June 18 at 10am to await the High Court adjudication’.