Whilst Ms Gunn was talking to her, C turned to talk to Mr Clark who was on C’s right. C asked Mr Clark to stop filming. At that point Ms Gunn, on C’s left, asked C to identify the legal basis for the request. To gain or regain C’s attention, Ms Gunn said “Excuse me”, and then reached out and touched C’s upper arm.
This is what she was convicted of assault for!
Ms Gunn’s touch was fleeting and to gain C’s attention. Ms Gunn used no greater degree of physical contact or force than was reasonably necessary for that purpose. Accordingly, on the face of Collins, what occurred in this instance was within the bounds of what is considered acceptable, i.e. was not unlawful.
The Judge further says:
What occurred between Ms Gunn and C was trivial. There was no dispute in the District Court, and there is none on appeal, that any offending was at the very lowest possible level.
The question that media should be asking then is why did the Police arrest and charge Gunn? It is hard not to conclude she was targeted for her political beliefs and activism. Has anyone else ever been arrested by Police for touching someone on their arm to gain their attention?
David Farrar runs Curia Market Research, a specialist opinion polling and research agency, and the popular Kiwiblog where this article was sourced. He previously worked in the Parliament for eight years, serving two National Party Prime Ministers and three Opposition Leaders.
1 comment:
Finally some common sense. Interesting discussion in the judgment about the distinction between just touching to gain attention and touching to restrain or harm. The former is just physical contact that occurs in everyday life, and for which there is therefore implied consent, while with the latter there is clearly no implied consent. Logically a bit torturous but common sense.
Interesting how the Police were at that time going softly softly about gangs, burglars, benefit fraud and car thieves who refused to stop, yet when it came to an anti-vaxer in her sixties, they not only arrested her but threw her to the ground and broke her wrist. In other words, beat her up and humiliated her in public. Like other totalitarian countries, the Police under Labour were bullies who were there to enforce politics rather than crimes.
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