TROY Weeks is a highly respected miner who has never been in trouble with the law – until he took pictures with his mobile phone of police making an arrest in the City Heart.
Police wanted to seize his phone as potential evidence and he objected and was booked.
“It's no offence for anyone to take a picture of someone in a public place,” Legal Aid Queensland barrister John Aberdeen told the Mackay Magistrate's Court yesterday.
“I wonder if the police realise that.
“He (Mr Weeks) took pictures of someone involved in an incident, in which police officers had been holding him down on a car.
“The police wanted the pictures and there was a tug-of-war over the phone and police took it.
“He got it back on Monday (just over a day later) ... he had taken five or six pictures and only three were remaining.
“The pictures were of a police officer bending a young man over a car.
“One wonders if we are living in Mackay or Tripoli.”
Troy James Weeks pleaded guilty to obstructing police on March 13.
The incident happened at 12.50am when police were questioning a number of people about a separate incident outside a nightclub, prosecutor Bimal Raut said.
Police were questioning a number of people in the centre car park area of the street.
Mr Weeks was seen standing on the road in front of a parked car and he was continually taking pictures on his mobile phone.
“People who were being questioned complained about their photos being taken, Mr Raut said.
Police thought Mr Weeks may have captured the incident on his phone so they asked him to hand it over. He refused and started wrestling with police and had to be physically restrained.
His mobile phone was taken and it was returned to him on Monday morning.
Magistrate Ross Risson said he had taken the whole of the circumstances into account. Mr Weeks had no conviction recorded andwas discharged absolutely without any punishment.
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