A straw vendor is fighting charges she says are illegal after a trip for chips ends in a police confrontation and her arrest.
Brittney Gilbert, of Fort Fincastle, pleaded not guilty yesterday to charges of obscene language, disorderly behaviour, resisting arrest, and assaulting a police officer before Magistrate Derence Rolle Davis.
Gilbert’s lawyer Dion Smith said the list of charges stemmed from Police Constable John Murray asking Gilbert to leave a truck where she was buying food.
“The defendant was arrested for obstruction but was not charged with that offense,” said Smith. “The list of offenses showed that the arrest of the defendant was illegal.”
Murray’s arrest of Gilbert came after she allegedly defied his order to leave and physically assaulted the officer.
Smith said the UK had deemed a detainment illegal when police held some persons for obstruction yet charged them with drug possession.
“The four offenses happened after the illegal arrest. No offense can be committed if the police officer is acting unlawfully,” said Smith.
Smith added: “The disorder happened when the police officer tried to arrest the offending defendant, and she told him to get his hands off her. A person has an unqualified right to resist an unlawful arrest…There was no reason for the police to touch her.”
The court heard from public prosecutor Dempsey Rahming that Mr Donaldson acknowledged the defendant moving toward the vehicle and noted her ignoring Officer Murray’s instructions to leave.
Rahming said that according to Officer Murray’s statement, Gilbert said: “I ain’t going no f*cking where. I want you to move me. F*cking move me!”
Smith told the court that two witnesses said they heard no obscene language from the defendant.
Officer Murray initially went to the food truck to speak to Frankie Donaldson, an employee, about a ticket violation.
Rahming drew his supporting evidence from the defence witnesses’ submissions. The prosecution did not call any witnesses to the stand.
Magistrate Rolle Davis adjourned the case until October 7.