Fuck Off, Cop

[Auxin]

A QUEENSLAND magistrate has ruled that it is acceptable for people to tell police officers to "f*ck off".

Magistrate Peter Smid yesterday threw out the court case against Mundingburra man Bardon Kaitira, 28, who swore at a female officer outside the Consortium night club on December 20, last year at 2.40am, The Townsville Bulletin reports.

Constable Belinda Young gave evidence that Mr Kaitira used the swear word twice towards her after a group of officers patrolling Flinders St East poured out his girlfriend's drink.

"The defendant said 'f*ck off' and starting walking away and I asked: 'What did you say?'," she said.

"He said 'f*ck off" again and then said: 'I don't like the police you think you are all heroes'.

"I told him it was an offence to swear at an officer and gave him two choices - a fine or be arrested."

Mr Kaitira opted to be put in handcuffs and taken to the watch house.

After winning the landmark case he explained outside court why he pleaded not guilty - despite admitting to swearing at Constable Young.

"On the night it was completely over the top and I didn't think it was fair," Mr Kaitira said.

"Most people just cop a fine but I didn't want to do that."

The defendant instead read through hundreds of similar legal cases before employing a leading criminal barrister and a solicitor to take on his public nuisance case at a cost of $4622.11.

It was worth it for the horticulturist as Magistrate Smid said he was not satisfied Mr Kaitira committed an offence and police could be liable for his legal bills.

"The defendant spoke normally, he had his hands in his pockets and walked away," Magistrate Smid said.

"It's not the most polite way of speaking but those who walk the beat would be quiet immune to the words."

The magistrate said overall the conduct of the defendant was not a nuisance to the public because it didn't interfere with fellow night club goers.

"It was overkill by the officer who was not offended anyway," Mr Smid said.

"But she pursued him clearly annoyed he hadn't shown remorse."

Defence barrister Justin Greggery said the case was "doomed to fail" from the start, arguing that saying the f-word to police was "not an offence".

"It was simply f*ck off - a common enough expression which wasn't descriptive like f*ck you or you f*ck," he said.

"Really the word has lost its affect due to its use in books, films, and general speech."

Mr Greggery added that police were trying to criminalise language, which set a dangerous precedent.

"When they try to set the bar this low they are saying the word f*ck is criminal conduct," he said.

"This is language they use themselves on the job (while arresting offenders and to other officers)."

However, police prosecutor Sergeant Richard Scholl argued Mr Kaitira's code of conduct was offensive and stinging towards the policewoman.

"He displayed behaviour and made jibes with the intention to insult. Police should be shielded from this type of language and the community cannot accept it's OK for a private citizen to tell police to f*** off," he said.

Queensland Police Union President Ian Leavers agreed and called for an urgent appeal of the case, which could set a precedent in Queensland law.

"It is a sad day when the courts and government say it is OK to use four letter words at police," he said.

"To say it's OK to use offensive language at police in the street, who are just doing their job makes, no sense at all."

Mr Smid will decide today whether the Queensland Police Service will cover Mr Kaitira's legal bills, which legal counsel later reduced to $2527.50 after a successful outcome.

By law the maximum amount that can be reimbursed is $1500.

The case follows that of Sydney student Henry Grech, who was cleared in May of an offensive language charge against police after a local court magistrate ruled the word "prick" was part of every-day speech.

[1]

Seems to me the cop was guilty of the criminal offense, seizing a persons beverage without apparent cause and then littering by pouring it on the street.. a valid reason to tell the cop to fuck off

[vual]

Nice post, Thanks, Im looking forward to seeing what happens with the appeal.

And just so you know in AU,QLD we cant drink in public. So the apparent cause is holding the beverage i public.

Edited August 8, 2010 by vual

[Auxin]

well ok so perhaps it wasnt without cause but its still littering, I mean what if the girl has face herpes or just sucked off some guy with gonorrhea.. pouring that infectious beverage on the ground could give a little kid gonorrhea and their father would have an interesting time explaining that to the doctor

It creeps me out when I see drink containers and beverages littered all over the place.. perhaps because my uncle has face herpes and doesnt believe in trash cans

[The Dude]

So his costs were $4622.11

"Mr Smid will decide today whether the Queensland Police Service will cover Mr Kaitira's legal bills, which legal counsel later reduced to $2527.50 after a successful outcome."

haha, so if you fail and cannot get re-imbursed you need to pay more, but if the state fucks up they decide your costs are less so they don't have to pay as much back?

"By law the maximum amount that can be reimbursed is $1500."

So he still is down $1027.50!

"To say it's OK to use offensive language at police in the street, who are just doing their job makes, no sense at all."

To say that it is OK for police to harass people in the street, who are just minding their business, makes no sense at all.

To say it is illegal to tell them to get fucked makes no sense at all(something you could say to anybody else without a higher authority getting in the way... maybe a punch in the face, not fines/imprisonment as sanctioned by the state!)

Police are a source of revenue... nothing more, no wonder people show em up for the bottom feeding scum they are and they get upset if they don't "respect their authority"

It really is time to stop being afraid, forget about their authority... like they've got anything on the highest of the high.

[bℓσωηG]

Well good for that chappy I say ,but buggar going through all that just to prove a point, I loathe going to court.

well ok so perhaps it wasnt without cause but its still littering, I mean what if the girl has face herpes or just sucked off some guy with gonorrhea.. pouring that infectious beverage on the ground could give a little kid gonorrhea and their father would have an interesting time explaining that to the doctor

It creeps me out when I see drink containers and beverages littered all over the place.. perhaps because my uncle has face herpes and doesnt believe in trash cans

thats gross man I dont think i'll look at rubbish in quite the same way again ... Edited August 9, 2010 by blowng

[Chiral]

buggar going through all that just to prove a point

 

WRONG and extremely bad advice....or attitude.

We need more people going to court on trumped up and ridiculous charges, no matter the cost...the greater cost is that the ruling ends up in law journals forever and can be referred to by lawyers to prove cases...who cares how much it costs, the ruling is priceless and stays forever in the halls of and bookshelf's of barristers and Judges chambers.

99 per cent of the time if you find yourself in court on a charge and you happen to know of a case in past history that was simmilar and the defendant got off you MUST USE IT AND GET YOUR LAWYER OF HIS ASS and get his legal secretaries to find the ruling and bring it to court...people who don't and lazy lawyers will only get you charged and fucked up.

You ned to know the law and how it works...I worked in the court system for 3 years and learned a hell of a lot.....enough to save my skin if i had thats for sure...unless I murder someone of course, but you HAVE to find those old cases and rulings to assist you or it's costs against you and a charge or at worst jail time.

Do you know that you can be arrested for 48 hrs if you refuse to give a policeman your name....straight up.

[vual]

I Tottally agree, we need more people who care to invest a measly $1000 for there rights.

Unfortuantly theres a Anti-Swearng law in Queensland? so the guy could of got fined for just saying fuck in public ($150 on the spot if i recall??).

The incident happend before that law came in and his trial was just took a while. (law is going threw parliament now?)

If he tried that now in brisbane he would get a fine for swearing in public... i think...

OHHH FUCK!!!

.................

Queensland Premier Anna Bligh announced the new powers for the state's police to issue on-the-spot notices for public nuisance offences.

Ms Bligh said the move would increase efficiency, save time and fast-track more important matters in the courts by stopping minor public nuisance offenders from clogging the justice system.

She said the measures, targeting offences such as public urination, disorderly conduct and abusive language, would save the Government between $18 million and $30 million.

The power to issue on-the-spot fines of between $100 and $300 could result in public nuisance prosecutions soaring 20 per cent, based on figures from a 12-month trial in South Brisbane and Townsville.

Read more: http://www.news.com.au/national/queensland-police-win-new-powers-to-fine-for-public-nuisance-offences/story-e6frfkvr-1225880162115#ixzz0w4y0L06P

 

The legislation will be introduced to Parliament later this year, with the new powers to take effect by 2011.

Edited August 9, 2010 by vual

[ThunderIdeal]

tell some qld cops to fuck off in the mean time?

jeez i wonder if a cop is being a prick (heh) is it safe now to just throw a non-threatening 'fuck off' or two at them? legally safe i mean. there is still a high likelihood that they will physically abuse you so as to maintain their erection or sense of superiority or whatever.

[Rabaelthazar]

I was so inspired by this post that I just went in to my local police station and with a great big smile, told the cop on duty to lick my balls.

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<edit> Unfortunately, this will be the last you see of me for a while. I was offered one phone call, but opted to post one last time here instead.

[incognito]

man id love to see him say it to one of these testosterone pumped cops on "COPS" that i watching right now. they would tazer his small intestine!!

this shows full on, dude got pulled up for jaywalking, went to get his mum to verify his identity, who was across the road, the cop pulls a tazer on him, puts him on the ground, cuffs him and tells him he is going to jail for "resisting" arrest. kid starts crying in cop car. full-on man.

Edited August 9, 2010 by incognito

[ThunderIdeal]

i'm thankful they get up and put their uniform on each day and put their ass on the line to protect me from a jay walking kid out shopping with his mum.