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Protester faces court after controversial horse ride |
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Written by Administrator
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Sunday, 29 January 2006 |
Caloundra Magistrate Di Fingleton SM has reserved her decision in a case involving a Maleny anti-Woolworths campaigner accused of assaulting a policeman with his horse. Joseph Colreavy, 62, pleaded not guilty to assaulting Constable Anthony Jones at demonstrations during the police Operation Foundation at the controversial Woolworths supermarket site on July 14, 2005.
| Joe Colreavy, centre, with fellow protesters outside the Maroochydore Magistrates Court after his hearing earlier this week.
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On Monday Ms Fingleton reserved her decision after hearing evidence from eight police witnesses and five defence witnesses over two days. About 20 supporters of Mr Colreavy attended each hearing. Mr Colreavy was one of five riders from the 5th Light Horse Regiment Maleny Troop who attended the protest.
Evidence was heard that the riders first attempted to restrict cement trucks' access to the site by standing abreast outside the gate to the development, but moved to the RSL lawn when directed by police.
Police witnesses alleged five officers from Team Bravo Five were instructed to watch the horses and riders on the RSL lawn to ensure the safety of passing traffic and Police witnesses alleged five officers from Team Bravo Five were instructed to watch the horses and riders on the RSL lawn to ensure the safety of passing traffic and protesters and to allow cement trucks access to the Woolworth?s site.
It is alleged that soon after the five horses and riders took up position; at he RSL, Mr Colreavy broke ranks and rode his horse at Constable Jones, who was allegedly struck by the horse as he attempted to restrain it. There was wide discrepancy among both police and defence witnesses about whether the officer was struck, whether he or another officer grabbed the bridle and the speed and the direction of the horse. Two police witnesses said the horse reared and jumped forward like a racehorse leaving the barrier. Other officers said it lurched or walked.
There was also conflicting evidence from both police an defence witnesses about whether Mr Colreavy had used spurs and a crop or whip to make the horse move and whether that particular officer or any officer, had come in contact with the horse.
The case gained wide media attention after police went to Mr Colreavy's home several hours after the incident, seized his riding boots and entered his home to find him in bed. He was taken to Maleny Hospital after apparently blacking out. There, he later made a statement to police and was charged.
In court on Monday Mr Colreavy said the police took his riding boots and spurs at 3.07pm and he had not responded to the door knocks because he thought it was Uniton, which had recently sent him a "bluff legal letter" threatening to sue him for $372,000.
"There were policemen at each side of my big queen size bed trying to pull the doona off me. I hit my head on something and next thing I am on my way to hospital. Why didn't constable Jones arrest me at the time if I had assaulted him" Why did police come to my home? I think that is pretty average."
Detective Senior Constable Jodie Allan told the court she saw the male rider give a horse two kicks and use a whip before it lurched up and forwards towards her, Jones and the other officers. Jones had grabbed the thing that goes around the horses neck. She said she was terrified of horses and this was a big horse. There was no evidence that the horse was out of control. "He certainly kicked the horse towards us", she said.
Defence witness Gary Gordon of Witta said that when Mr Colreavy moved his horse he saw a police sergeant try to grab the bridle. "Mr Colreavy, through his horsemanship, still managed to prevent any reaction that could have injured a number of people, including the police officer," he said. He had been within two metres of the officer and did not hear any verbal instruction to the rider,
Police prosecutor Senior Constable Derek Brady told the court that under law, assault was the application of force directly or indirectly to a person without their consent. The fact that the horse came into contact with Constable Jones constituted assault. He said that the variation in the stories of police witnesses was to their credit because it showed lack of collusion.
Senior Constable Brady said that before the alleged assault Mr Colreavy had been "fired up" and obviously upset at having been told to move away from the site gate. He had "somewhat lurched toward" Constable Jones in a threatening fashion.
The magistrate: "What about the possibility of an accident?"
Senior Constable Brady said that legally an assault could not be accidental if there had been an action, which led to it, and Mr Colreavy had struck the horse with a crop. Mr Colreavy denied having struck the horse with a crop. He said he bred horses and "imprinted" them from when they were half an hour old, holding them in his arms to build a father relationship with them.
"Witnesses said that I had kicked my horse. I did not do that. I squeeze horses. That's how I get horses to do what I want them to do." Mr Colreavy said he moved his horse away from the rest to exercise it because it needed walking. He was wearing spurs but they were "completely blunt" and part of his Light Horse uniform. "I rode forward. I didn't see anyone. I didn't see anyone grab my horse or approach me. As far as I am concerned there was no assault at all. To even suggest that I had any intention of knocking anyone down, I am very upset about that."
Under cross-examination, Mr Colreavy said that police should not have interviewed him at Maleny Hospital when he was in complete shock at police breaking into my home, putting me in an ambulance after I blacked out. Mr Colreavy said the way he had been treated at his home was on the whole disgusting. However, he said that most police behaved like gentlemen. He had not been mistreated at the hospital and he had had sufficient opportunity to withdraw from the interview at any time.
Senior Constable Brady: I put it to you that you rode down the mound directly at Constable Jones.
Mr Colreavy: It is not steep. I did not see any policeman. Maybe it was the Australian flag I was carrying (obscured his view).
Did Constable Jones come in contact with your horse? I was not aware of Constable Jones touching any part of the horse, the bridle or anything.
The video (news footage) clearly shows Constable Jones with his hand on the bridle " What difference does it make? As far as I'm concerned he did not touch any part of my horse."
Constable Jones says he put his hands up saying "whoa, whoa". "Absolute rubbish, I did not see him. He could have been behind the flag. Don't forget I am on the bible here."
I put it to you that you were fired up because of the direction (to leave the site gate) and that is the reason you charged at Constable Jones. Ridiculous.
The magistrate said, "It will very much come down to whether you were riding in such a way as to come into contact with the police officer and whether that contact happened. It will come down to what happened in that brief time."
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Last Updated ( Wednesday, 06 September 2006 )
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Range News 2005 - ON 
