EFTA00266621.pdf

www.00uds.sa.gov.au Summary Procedure Act, 1921 Section 49 Complainant Form COMPLAINT C Magistrates Court of South Austr R4G-I-NEA Court Use Date Filed THE UNDERSIGNED A MEMBER OF SOUTH Name: AUSTRALIA POLICE Address: PORT PIRIE PROSECUTION UNIT 18 MAIN ROAD, PORT PIRIE SA 5540 Defendant Name: PEARCE Address: Surname 16n-64108 Jacqueline Carol PEARCE Complainant's Reference - Disqualification Reference Telephone , Jacqueline Carol DOB: Given Name DEVIIANYVYYY Street Licence Number Clty / Town / Suburb State Postcode Offence details 1. On Thursday the 4th day of February 2016 at PORT PIRIE in the said State, behaved in a disorderly manner in a public place, namely Main Road. Section 7(1)(a) of the Summary Offences Act 1953. This is a summary offence 2. On Thursday the 40, ay of February 2016 at PORT PIRIE in the said State, resisted a member of the Police Force in the execution of his duty. Section 6(2) of the Summary Offences Act 1953. This is a summary offence Other orders sought (forfeiture, compensation, additional penalty, destruction or the like — Rule 15.03) Date Complainant Witness (Registrar. Deputy Registrar or Justice of the Peace) (Not required if Complainant is a Public Authority) EFTA00266621 4( IM\lk)ftke:E) 1 SNooLOCRS sOS-TA t NE 0 - A REST' 461 kisse)s NOT P.Rel,-sear s- WrrEt) s r11-14. It-) piancccr office iNT-1-1-ii 1 - I INS it>de:Kcem NIS ofrf=t P ----BODIN auhaRALIA rOLICE DEPARTMENT POLICE APPREHENSION REPORT AP No t 16/T64108 Report Job Submitted By I.D.: 7409/0 6O---0RC -TH I 5 c cop: Nc Run Date : 23/02/2016 Run Time t 03:02 Page . 1 OFFENCE DETAILS - SUMMARY OF EVIDENCE BRIEF OVERVIEW Count 1 On Thursday the 4th of February 2016 at PORT PIRIE the accused, Jacqueline Carol PEARCE, behaved in a disorderly manner in a public place, namely Hain Rd, by *creaming and swearing repeatedly. Count 2 On Thursday the 4th of February 2016 at PORT PIRIE the accused, Jacqueline Carol PEARCE, resisted a member of the Police Force in the execution of his duty by tensing her arms and kicking as police attempted to apply handcuffs. POLICE Count At about 10.10 pm on Thursday the 4th of February 2016 police was on uniform mobile patrol whilst on the computer in the front office of the Por; Pirie Police Station. This office has a window facing outwards onto Main Road, PORT PIRIE. At this time police could hoar a female voice screaming out 'You fucking dogs' and 'Fuck you cunt,* from the street. looked out the window and saw the accused, walking in a north wester y roe on on the footpath. The accused saw police through the window and screamed 'You fucking pigs'. Police walked outside the front entrance to the station as the accused kept walking towards NCDONALDS, still yelling 'Fucking dogs' repeatedly. The accused was about 50 metres from police, yelling loudly enough that it was easy for police to hear. Numerous members of the public were present in the Carpark to the nearby WHADDA-SPED shop and MCDONALDS restaurant. walked after the accused as drove a police fleet to her location. As police caught up with her in the MCDONALDS front car park, the accused shrieked *Fuck off cuntst' This was in front of about 5 people in the carpark. Count 2 took hold of her right arm of the accused and informed her she was MI under arrest for disorderly behaviour. took hold of the left arm of the accused, as she tensed her arms and throe e er feet around. Police attended and began to assist with handcuffing, as the accused continued to tense and try to pull her arms free. Considerable force had to be used to move her arms into position behind her back. As the cuffs were being applied, the accused kicked her leg out backwards, which hit in hie leg (nil injury sustained). The accused was eventually handcuffed, searched, placed into a police fleet, EFTA00266622 kAiKtS r\s-rox% c MED PRIN1108 SOUTH AUSTRALIA POLICE DEPARTMENT POLICE APPREHENSION REPORT AP NO : 16/T64108 Report Job Submitted By I.D.. 7409/0 Run Date 23/02/2016 Run Time , 03:02 Page : 2 advised of her arrest rights and conveyed to the Port Pixie Police Station. The accused was charged with disorderly behaviour and resist arrest before being released on bail. The accused was identified as she is known to police. ACCUSED The accused in this matter is Jacqueline Carol PEARCE. No record of interview was conducted with the accused duo to her intoxicated state and aggressive demeanour. EFTA00266623 Registry File No AFFIDAVIT IN THE MAGISTRATES COURT BETWEEN OF SOUTH AUSTRALIA AT POLICE PORT PIRIE (NAME OF INFORMANT !COMPLAINANT') AND Jacqueline PEARCE (DEFENDANT) I, , declare' as follows: P0114 of PORT PIRIE, in the State of South Australia, make oath and say ! affirm and 1. I am a Constable of police ID No currently stationed at the Port Pirie Police Station. 2. I commenced this statement at about 5.32 pm on Saturday the 14th of May 2016 at PORT PIRIE. 3. At about 10.08 pm on Thursday the 4th of February 2016 I was on uniform mobile patrol working on a computer in the Sergeant's office at the Port Pirie Police Station. 4. At this time I heard a female voice screeching "You fucking dogs!" and 'Fuck you cunts!" on Main Road outside the station. 5. I looked outside the window of the office, and saw a female I now know to be Jacqueline Carol PEARCE, the accused. The accused was walking on the footpath next to the Deponent's Signature: Dat 19 / 05/7,O(6 Witnessed By: (Signature of person tfefore whom affidavit 'sworn / affirmed and declared) Strike out whichever is inapplicable navies& 9A/11//61S EFTA00266624 )0•15-‘eDiOeSPOD Nob' -6,ctSTAt•rr P122e HOT 1S N1E:VAN t5OOKINIC C;05 ".\)(55S * atsoci<r\oOse, 11-10)-15r ONc‘i ,2 OEfl ceRs pF G-semr Continuance of AFFIDAVIT of: station in a North Westerly direction. The accused looked at me as I looked out the window, shrieking "You fucking pigs." PD114 Page 2 of 3 6. I walked out of the front foyer of the station onto Main Road in company with Senior Constable who had been in the station typing room. The accused continued to walk towards MCDONALDS and shrieked "Fucking dogs" again. The yelling of the accused was loud, and would have been easily audible to numerous members of the public present at MCDONALDS and the neighbouring WHADDASPUD business. 7. began following the accused on foot, as I ran out to the rear of the station to collect my police fleet. I drove around to the MCDONALDS car park and got out of the fleet. The accused was in the carpark, as also approached on foot from the opposite direction. The accused screamed "Fuck off cunts!" as we approached. 8. I took hold of her right arm as took hold of her left. As I did this I advised the accused she was under arrest for disorderly behaviour. 9. I could feel the accused tensing her arm in close to her body, and began thrashing her feet around. Brevet Sergeant) and Senior Constable attended the scene and assisted. The accused continued to struggle as she was held against the bonnet of the fleet to assist in an attempt to handcuff her safely. Deponent's Signature: Witnessed By: (Signature of perso efore whom affidavit 'sworn / affirmed and declared) Date: Pt /05/ 7--Olb * Strike out whichever is inapplicable EFTA00266625 REFER TO P Raroc Ref*, I C cut DeNV_E / MED ‘c-14 ReCCRO3 POLice SRO -PLAT? tIsS oki era so syftimes ) ( Eyerg etw 6 PeRmoNe-NYriaoao snu_ Pftr eksr-lsoFFERIN4, p age 3" 017; Continuance of AFFIDAVIT of: 10. The accused lashed her legs around, I saw one leg clip the leg of The accused was eventually handcuffed to the rear, placed into the rear of the police fleet. The accused was conveyed to the Port Pirie Police Station and advised of her arrest rights. 11. The accused was charged with disorderly behaviour and resist arrest. 12. The accused appeared to be either under the influence of alcohol or drugs, or suffer from possible mental health issues due to her erratic and bizarre temperament whilst in police custody. 13. I have had no further dealings in the matter. *SWORN-710— / AFFIRMED AND DECLARED AT by the above named deponent, this Before me: ii# (Signaturglof person before whom affidavit 'sworn / affirmed and declared) (Name) (ID / Signing ID) po PT ?Wig day of tic.• 20 16 GNATURE OF DEPONENT) l2‘roclaimed Police Officer 0 Justice of the Peace 0 Other: (Specify) PP P5 (Station / Suburb) EFTA00266626 )it C)Pi (Act H-r 5 - NiCkeyLitiNCA FOL.L.CL1/4)11\Q4 eceese- WAS pLfze-F,t)y pprz‘zeo ir4 cpReeRc Registry CARO HER - POL. c.6 File No Rev tc AFFIDAVIT IN THE MAGISTRATES COURT BETWEEN OF SOUTH AUSTRALIA AT POLICE PORT PIRIE (NAME OF INFORMANT / COMPLAINANT') AND Jacqueline PEARCE (DEFENDANT) of PORT PIRIE4 in the State of South Australia, affirm and declare as follows: 1. I am a Constable of police identification currently stationed at PORT PIRIE Police Station. 2. I am compiling this statement at about 5:40 p.m. on Sunday the 22nd of May 2015, at PORT PIRIE. 3. At about 10:08 p.m. on Thursday the 4th of February 2016 I was on uniform patrol duty carrying out some admin in the typing room of the Port Pirie Police Station at which point I heard a female's voice shouting abuse outside the front of the Police Station, Main Road, PORT PIRIE. 4. At that point, I spoke with Senior Constable who was in the Sgts Office and had heard the same disturbance and we both exited the Police station via the front entrance to assess what was happening. As I exited the Police station, I saw a female later identified to me as Jacqueline PEARCE, walking West along the footpath shouting "what the fuck are you looking at, fucking pigs." 5. She swiftly walked towards McDonalds whilst continuing to shout abuse towards me and as I ran towards her in order to talk to her about her behaviour, she began running away from me still shouting abuse in full view of other members of the public. Deponent's Signature: Date: 2.2. / . r / " Strike out whichever is inapplicable Ravitawl 24/1112015 Witnessed By: (Signature of pets whom affidavit affirmed and declared) EFTA00266627 Continuance of AFFIDAVIT of: 6. Page 2 of 2 I eventually caught up with PEARCE and attempted to calm her down by speaking to her however she kept shouting "Fuck of Cunt, you are all the same". Senior Constable drove around towards my location in a marked Police Vehicle at which point he arrested PEARCE for Disorderly Behaviour. As we both grabbed her arms in order to hand cuff her, she began resisting arrest by struggling, pushing and pulling her arms and kicking with her legs and refusing to enter the Police Vehicle. 7. Brevet Sergeant and Senior Constable were nearby and also attended the scene in order to assist. PEARCE was eventually handcuffed to the rear and placed into the rear of the marked Police vehicle after which she was conveyed to the PORT PIRIE Police Station and presented at the charge counter where she was given her rights in full. 8. I have had no other dealings with this female since that incident. AFFIRMED AND DECLARED AT by the above named deponent, this 2_7,, day of Before me: Po tr fit-(c' Pottr /laic (S I G N ATtlREAPDEPONENT) aProclaimed Police Officer El Justice of the Peace fl Other (Snecify) (Name) (ID / Signing /D) (Station / &ate* EFTA00266628 4F-OLSIF/C-0 57Fne-MeNT - WAS NOT Age,--56/41- CoNwect Et TO PF)0(- GARsz)Ne-R ANC) MICHAEL FETNEf NHS Registry ran I I.2-/ CaINECTC ID Se>cOAL -TeRC.46-71NIC4 PD114 File No THREATS or crxieizNf.4a.iT- Pkos-n-ro-r t o AFFIDAVIT IN THE MAGISTRATES COURT BETWEEN OF SOUTH AUSTRALIA AT POLICE PORT PIRIE (NAME OF INFORMANT / COMPLAINANT') AND Jacqueline PEARCE (DEFENDANT) in the State of South Australia, affirm and declare as follows: 1. I am a Senior Constable of Police, IDS, currently stationed at CRYSTAL BROOK Police Station. 2. I commenced this statement at about 6.15pm on Sunday the 22nd of May 2016. 3. At about 10.10pm on Thursda the 4th of February 2016, I was in company with Brevet Sergeant Daniel obtaining a meal at the drive through at MCDONALDS, located on Main Road PORT PIRIE. 4. It was at this time I heard a female yelling and screaming, I couldn't make out what she was saying. 5. As I drove from the drive through I could hear and now see a female walking in a northerly direction along Main Road, she w u fucking dogs'. It was at this . time that I observed and Senior Constable following the female on foot. 6. A short time later I observed Constable Gary drive his police fleet into the carpark of MCDONALDS. I parked my police fleet near as I observed and struggling with the female. I assisted in controlling the female while she was handcuffed. Deponent's Signature: Date: 23 • Strike out whichever is inapplicab e Revised: 24/1 t/2015 Witnessed By: (Signature of Ison t r -4 fore whom affidavit affirmed and declared) EFTA00266629 HAUL IQ at 1-- ike5t4 1 hA SPOMM12)0 - rFNE Rra EVER S AS PIT CO\trket_ HOTEL- SARIS I I\\G NOTICE Continuance of AFFIDAVIT of: PD114 Page 2 of 2 7. I then began talking to an unknown male who stated that he had been drinking with the female at the Sportsman Tavern earlier in the night. He was attempting to assist police in calming the female down and getting her in the police fleet. 8. fleet. hen left MCDONALDS carpark with the female in the rear of his police 9. I then resumed normal duties and had no further dealings with this matter. AFFIRMED AND DECLARED AT Ceta, g'"OO by the above named deponent, this (1ra day of n "%by 20 /-‘ ATURE OF DEPONENT) Before me: —4, 24 0 /Proclaimed Police Officer (Signaty pia person heft) irl ell-41- 51— n / °Wein inffinnotl and darhanatil n nth., ic.--44,1 O Justice of the Peace 7- &wet &wpm -41 0 -fallen /Suburb (Niiirr ID) Pr • Ratriciael• ///1 0,111 4 Crystal Brook Potts Station EFTA00266630 3O(S p( PD114 Page 2 of 3 Continuance of AFFIDAVIT of: station in a North Westerly direction. The accused looked at me as I looked out the window, shrieking "You fucking pigs." 6. I walked out of the front foyer of the station onto Main Road in company with Senior Constable , who had been in the station typing room. The accused continued to walk towards MCDONALDS and shrieked "Fucking dogs" again. The yelling of the accused was loud, and would have been easily audible to numerous members of the public present at MCDONALDS and the neighbouring WHADDASPUD business. 7. began following the accused on foot, as I ran out to the rear of the station to collect my police fleet. I drove around to the MCDONALDS car park and got out of the fleet. The accused was in the carpark, as also approached on foot from the opposite direction. The accused screamed "Fuck off cunts!" as we approached. 8. I took hold of her right arm as took hold of her left. As I did this I advised the accused she was under arrest for disorderly behaviour. 9. I could feel the accused tensing her arm in close to her body, and began thrashing her feet around. Brevet Sergeant knd Senior Constable attended the scene and assisted. The accused continued to struggle as she was held against the bonnet of the fleet to assist in an attempt to handcuff her safely. - ‘I•43eRie.5 €9,)cces POLICE E ktr ipia. ExCeSSUE. FoRc Deponent's Signature: Witnessed By: (Signature of person efore whom affidavit *sworn/ Date: IL I / 0 5 / -2-0/6 affirmed and declared) * Strike out whichever is inapplicable Revised: 24/11/2015 EFTA00266631 Continuance of AFFIDAVIT of: PCI114 Page 3 of 3 10. The accused lashed her legs around, I saw one leg clip the leg of . The .4 c.crs5 T fki of CTIcs accused was eventually handcuffed to the rear, placed into the rear of the police fleet. ga9i cg The accused was conveyed to the Port Pirie Police Station and advised of her arrest Powayi rights. 11. The accused was charged with disorderly behaviour and resist arrest. 12. The accused appeared to be either under the influence of alcohol or drugs, or suffer from possible mental health issues due to her erratic and bizarre temperament whilst in police custody. 13. I have had no further dealings in the matter. *SWaRitikle I AFFIRMED AND DECLARED AT PORT PfRig by the above named deponent, this Before me: (Signatu(g/of person before whom affidavit 'sworn /affirmed and declared) day of GNATURE OF DEPONENT) I2‘roclaimed Police Officer 0 Justice of the Peace 0 Other: (Specify) 0 Ai (Name) (ID / Signing ID) Pees (Station / Suburb) Rensed: 24111)2015 EFTA00266632 R Fi ret-s' rico are-nature - 00e 5 NOT PRES-C-D\V- cka.v 2 op-Fi ce(zs eRese AFFIDAVIT IN THE MAGISTRATES COURT BETWEEN OF SOUTH AUSTRALIA AT POLICE PORT PIRIE (NAME OF INFORMANT / COMPLAINANT.) AND Jacqueline PEARCE (DEFENDANT) as follows: ' PO114 of CRYSTAL BROK POLICE, in the State of South Australia, make oath and say 1. I am a Brevet Sergeant of Police, identification numbers currently stationed at the Crystal Brook Police Station. I commenced this statement on Monday the 23'd of May 2016. 2. At about 10.10 p.m. on Thursday the 4 th of February 2016, on was on uniform mobile patrol in company with Senior Constable Scott n a marked police car. At this time I was sitting in the front passenger seat and we were stopped in the drive-thru at the McDonalds Restaurant on Main Road, PORT PIRIE, obtaining a meal. Our vehicle was facing northeast towards Main Road, PORT PIRIE as we drove through the drive-thru. 3. At this time I heard a female yelling and swearing in a loud voice. The shouting sounded as if it was nearby, but I could not determine exactly where it was coming from. I was also unable to hear exactly what the female was saying. Deponent's Signature: Da r " Strike out whiche r is i pplicable Witnessed By: (Signature of pars. Revised: 24111/2015 EFTA00266633 UNP) rte-OR Sy CaL ceRe o me-r-46,_.4 FROM C_PRPeRie- POs clict•1 ON Exi-r - 5D METRES FROM ceReRRw. - \VETHRU SreftriN10 Page 2 of 4 PD 114 1%O I tri — Continuance of AFFIDAVIT of: 4. As we drove out of the drive-thru and turned right to go past the front of the restaurant, I could see a female walking in a northerly direction along Main Road. The female was yelling and swearing in a loud clearly audible voice. I heard the female saying words like, "fuck" and "fucking dogs", or something similar. I also observed Senior Constabl following the female on foot. 5. Senior Constable parked the police vehicle in the carpark in front of McDonalds. I saw Senior Constable attempt to apprehend the female who was continuing to yell and swear at him in a loud voice. She was telling him to "fuck off." 6. I saw another police vehicle drive into the carpark at the front of the McDonalds restaurant. I then saw Constable Gary alight from the police vehicle and immediately assist Senior Constable in arresting the female. The female was yelling and swearing at both of them. She was using words such as "Fuck" and "Cunt", repeatedly. Senior Constable and I alighted form the police vehicle and approached Senior Constabl€and Constable o assist in controlling the agitated female. There was a group of about three (3) males standing in the vicinity that also appeared to be trying to calm the female down. There were both male and female patrons leaving the restaurant of varying ages that would have seen and heard the female yelling and swearing. Deponent's Signature: Date: Strike out whichever is Revised' 24/11/2015 Witnessed By: (Signature of pe vit sworn) EFTA00266634 Continuance of AFFIDAVIT of: SWORN AT ,1 jat iff by the above named deponent, this is day of /141/47 Before me: • of. PD114 Page 4 of 4 20 e URE OF DEPONENT) imed Police Officer 0 Justice of the Peace en (Specify) Toe) -P)ec (Name) (ID/ Signing ID) (Station / Suburb) EFTA00266635 Scan- -TR 6- 1/4)IT kt ICA< - Wes 1.)o-r pRE-56-Nrc ID% ID oo ITN esS s-rn-re mer\rr- I F"Atsi ft PD114 Page 3 of 4 8. 9. 10. A The female was violently thrashing her body around in an attempt to break free from the Constable and Senior Constable handcuffing the agitated to me as, Scott TREVITHICK grip. Senior Constable was standing in assisted them in a male now known female. who I spoke to vicinity, attempting to calm the female down. He stated he did not know the female but further stated he had been drinking with her earlier in the night at the Sportsman Tavern. The female was then placed in the Pirie Police Station by Constable. McDonalds and returned to CRYSTAL back of the police vehicle and conveyed Senior Constable had no further dealings to the Port and I left matter. with this BROOK. I Deponent's Signature: 11/ Witnessed By: Date / r l 16 (Signature of pe • Strike out whichever in plicable Revised: 24/11/2015 EFTA00266636 PD114 Page 2 of 4 Continuance of AFFIDAVIT of: As we drove out of the drive-thru and turned right to go past the front of the restaurant, I could see a female walking in a northerly direction along Main Road. The female was yelling and swearing in a loud clearly audible voice. I heard the female saying words like, "fuck" and "fucking dogs", or something similar. I also observed Senior Constable following the female on foot. 5. Senior ConstableMEDarked the police vehicle in the carpark in front of McDonalds. I saw Senior Constable attempt to apprehend the female who was continuing to yell and swear at him in a loud voice. She was telling him to "fuck off." 6. I saw another police vehicle drive into the carpark at the front of the McDonalds restaurant. I then saw Constable alight from the police vehicle and immediately assist Senior Constable in arresting the female. The female was yelling and swearing at both of them. She was using words such as "Fuck" and "Cunt", repeatedly. 7. Senior Constable and I alighted form the police vehicle and approached Senior Constabl and Constable b assist in controlling the agitated female. There was a group of about three (3) males standing in the vicinity that also appeared to be trying to calm the female down. There were both male and female patrons leaving the restaurant of varying ages that would have seen and heard the female yelling and swearing. Deponent's Signature: Date: Strike out whichever is Revised: 24/11/2015 Witnessed By: (Signature of pers EFTA00266637 Continuance of AFFIDAVIT of:l P0114 Page 3 of 4 8. The female was violently thrash!rig her body around in an attempt to break free from Constable and Senior Constables grip. Senior Constable assisted them in handcuffing the agitated female. 9. I spoke to a male now known to me as, Scott TREVITHICK who was standing in the vicinity, attempting to calm the female down. He stated he did not know the female but further stated he had been drinking with her earlier in the night at the Sportsman Tavern. 10. The female was then placed in the back of the police vehicle and conveyed to the Port Pirie Police Station by Constable. Senior Constable and I left McDonalds and returned to CRYSTAL BROOK. I had no further dealings with this matter. Deponent's Signature: Date: Strike out whichever Revised: 2411 t12015 lir 116 plicable Witnessed By: (Signature of pe EFTA00266638