Sarah Crawford
The Daily Telegraph
August 17, 2015
A WOMAN who allegedly punched an officer and threatened to slit the throat of another during a counter terrorism raid had a right to resist the search, her lawyer claims.
The 24-year-old woman, whose name is suppressed, allegedly called the female police officer a “whore” and told her she would have her “throat slit” when she was searched and a mobile phone confiscated during a raid last year.
The woman has pleaded not guilty to assaulting and intimidating police when they seized her mobile phone underneath her burqa.
At a hearing today at Parramatta Local Court, her lawyer Steven Boland said she had been “illegally detained” as police had never shown her a search warrant, explained why she was in custody or searched her in a reasonable amount of time.
As he grabbed her left arm, he said she punched him in the nose with her right fist.
She was not the target of the search or named in the warrant.
“Anyone who is being illegally detained has every right to resist — every right.”
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Why is this Muslim Insurgents name suppressed? the Police Officers names are not.
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Mr Boland told the court the woman had “put up with” being detained for some time until police seized her mobile phone.
Senior-Constable Stacie Gwyn, who had searched the woman, had previously given evidence that when she tried to take her phone, the accused said: “Don’t touch my phone, you’re a whore, you are Christian, you will burn in hell. You will be the first one in uniform to have your throat slit.”
Probationary Constable Shaun Temur told the court after an alleged struggle to take the phone, he tried to restrain the woman.
As he grabbed her left arm, he said she punched him in the nose with her right fist.
“When she had five officers around her, she was free to leave then? She was clearly not free to leave.”
Constable Temur told the court the woman said officers had “no right to search me, you dogs.”
Scott Murphy, the federal police agent who ordered the search, told the court she overheard the woman tell Sen-Constable Gwyn: “You can’t touch me, you like getting gangbanged? You are in uniform — you must like it. The only one who has the right is God.”
Under cross-examination, agent Murphy told the court the occupants of the house were not shown the search warrant until about 90 minutes after armed police stormed the home at 4.30am.
Agent Murphy said after the occupants were removed, he tried to “engage them in conversation” before showing them the warrant.
Mr Boland asked: “You have to show them the warrant, do you?”
“Yes,” agent Murphy replied.
“It is a very important process and you record it if you show them the warrant — did you do that?
“No, I did not record it, it was recorded at the house (at 6.04am) but not prior.”
Agent Murphy said when he ordered police to search the woman she was not under arrest or detained.
“What are you saying?” Mr Boland asked. “When she had five officers around her, she was free to leave then? She was clearly not free to leave.”
Agent Murphy said although she was not under arrest, he ordered she be searched and her mobile phone seized because he believed she was “carrying seizable items” in connection to the raid.
The phone was later returned to the woman.
