Grandad who mooned police pleads not guilty
A GRANDFATHER who dropped his pants and exposed his bare buttocks to police after being asked for identification has faced Bundaberg Magistrates Court.
Jason Anthony Schubert, 43, pleaded not guilty to obstruct police, contravening a direction or requirement from police and serious assault on a police officer by spitting.
During yesterday's hearing Magistrate John Smith found there was sufficient evidence to find the defendant guilty of the first two charges but ruled there was insufficient evidence offered by the prosecution to prove Schubert deliberately spat.
Giving evidence, Bundaberg Police Senior Constable Troy Bennett told the court he was part of the second crew of officers to attend a Bundaberg address on November 5 last year following reports of a disturbance.
He said he asked Schubert for his full name but the defendant refused.
"He dropped his pants and exposed his butt and said 'there's my ID'," Snr Const Bennett said.
Snr Const Bennett said when he informed Schubert he was under arrest the defendant came at the office yelling "don't arrest me".
"He came at me as if he was going to assault me and shoved his arms in my vest," he said.
Snr Const Bennett said he repeatedly told Schubert to let go and the pair wrestled to the ground and during the altercation Schubert spat at him.
"When he spat at me it must have missed my face because I didn't feel it. It just got my vest," he said.
"It was a really messy wrestle to be honest. He wouldn't let go of my vest."
Snr Const Bennett said with the help of other officers, Schubert was restrained and transported to the police station where he was later treated by QAS for injuries sustained during his arrest.
Representing himself Schubert denied he was told he was under arrest.
"I was never told I was under arrest," Schubert put to Snr Const Bennett.
"Yes you were. After you chucked your brown eye at me I told you you were under arrest," the officer responded.
Schubert also denied he exposed his bottom and said he was just scratching his backside.
During his defence Schubert also put it to the officer that he was punched in the face five times during the arrest.
"Open and closed hand tactics were used. You were told to let go," Snr Const Bennett responded.
Schubert's partner Nicole Josephine Doherty was also charged with obstructing police and put it to Snr Const Bennett that she intervened after seeing her partner dealt with heavy-handedly.
But Snr Const said he was defending himself to get Schubert off him.
"I'm not his punching bag. We don't come to a job to be assaulted," he said
Magistrate Smith found there was insufficient evident to prove the charge against Doherty and dismissed the case however Schubert was fined $250 for contravening a direction and $750 for obstructing police.
In handing down the sentence he said Schubert had clearly made it "extremely difficult" for the police officer to carry out his duties.
"Mr Schubert was in no way compliant to place his hands behind his back. Some injuries occurred as a result of his resistance to place his hands behind his back."