Illegal Arrest - Was not in vehicle

Illegal Arrest - Was not in vehicle Illegal Disqualification of Licence Alcotest COMPLAINT Form I Court Use Magistrates Court of South Australia vem.courts.sa.gov.au • i r Summary Procedure Act, 1921 L1 i : `-1 k Section 49 Date Filed Complainant 16/S46998 Jacqueline Carol PEARCE Complainant's irence Name: the undersigned a member of South Australia Police 12863252 oieenerdiceilon Reference Address: PORT PIRIE PROSECUTION UNIT _ 18 MAIN ROAD, PORT PIRIE SA 5540 _ Defendant Name: PEARCE , Jacqueline Carol DOB: Surname Given Name DD/MWYTYY Address: City/Tmm/Suinurti Stale Postcode Telephone _ Licence Number Offence details 1. On the 13th day of AUGUST 2015 at PORT PIRIE in the said State, drove a vehicle namely a maroon MITSUBISHI sedan SA Registration 'n road namely John Pine Island without due care Section 45 of the Road Traffic Act 1961. This is a summary offence. 2. On the 13th day of AUGUST 2015 at PORT PIRIE in the said State, being a person to whom a direction was given to provide personal details pursuant to Section 40V(2) or 40V(3) of the Road Traffic Act 1961 by a member of the Police Force or authorised officer did not comply with such direction by engaging in conduct resulting in a contravention of the direction. Section 40V(4) of the Road Traffic Act 1961. This is a summary offence. 3. On the 13"' day of AUGUST 2015 at PORT PIRIE in the said State, Resisted Constable 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. 4. On the 13th day of AUGUST 2015 at PORT PIRIE in the said State, being a person who was required under Section 47E of the Road Traffic Act 1961, to submit to an alcotest, refused to comply with all reasonable directions of a member of the Police Force in relation to the requirement Section 47E (3) of the Road Traffic Act 1961. This is a summary offence. Other orders sought (forfeiture, compensation, additional penalty, destruction or the like — Rule 15.03) EFTA00266575 ck_ ck tS - Date ~~~• IC ,e< P Want Witness (Registrar, Deputy Registrar ct Justine of the Peace) (Not required if Complainant is a Public Authority) EFTA00266576 SUBJECT ROAD TRAFFIC ACT - ALCO TEST FOR ALCOHOL ORAL ADVICE ON REFUSAL OR FAILURE TO COMPLY Pursuant to Section 7E(4Xab) of th Road T attic ct, 1961 FULL NAME: I said: 'It is a criminal offence to refuse or fail to provide a breath sample without good cause. You could be fined and lose your licence for 12 months or more. It is a defence if you have some physical or medical condition that prevents you from providing a breath sample, but only if you ask for a sample of your blood to be taken instead, or can show that your condition also prevents the taking of blood. If you want a blood sample taken because of your condition, you should ask for that and the police will help you to have the sample taken at Govemment expense. Do you understand - PO207 Subject said: I said: Subject said: NOTES: I said: Subject said: I said: Subject said: I said: Subject said: I said: Subject said: I said: Subject said: I said: Subject said: I said: Subject said: ccreb (LC. col VeAtist 'I now give you a final opportunity to s it to an alcotest I again direct you to take a deep breath and to seal your lips around the mouthpiece and exhale continuously through this mouthpiece, into the alcometer instrument with one continuous breath until I tell you to stop. Do you understand? etrc-ruSeA>SUBJECT: 0 COMPLIED / 1324USED / O FAILED TO COMPLY (If so, how?) 'I am going to ask you some further questions concerning this matter. You are not obliged to answer these questions unless you wish to do so. Anything you do say may be given in evidence. Do you understand? • 4- kci-Ck vvod* any reason for refusing or falling to comply with myttfirettion in relation to submMing to this alcotest? i ter NVICIk-3 1nt OM NS- INQS nth In -4\C2_ Oar. 'Have you any reason of a physical or medical nature for refusing or falling to comply with.my direction in relation to this alcotest? • J_ wok.* a Is:water 'You will be reported for refuskig or failing to comply with my directions In relation to this test Do you understand? • t tr-JON\A-- k GVAILVeir ett is a defence to a charge of refusing or failing to comply with my direction to submit to an alcotest if the reason for your refusal or failure to comply is because of some physical cr medical condition. You cannot use such a defence unless you immediately make a request that a sample of your blood be taken by a medical practitioner nominated by you. However, if it becomes apparent that there is no reasonable likelihood that the medical practitioner nominated by you will be available to take the sample within 1 hour at some place not more than 10 kilometres from this location, or you do not nominate a particular medical practitioner, the sample of blood may be taken by any medical practitioner who is available to take the sample. Do you request that a sample of your blood be taken? a • N.-1 0 1 \NJ ct, of I awl. er 'Which medical practitioner do you nominate? 'Arrangements will be made for a blood sample to be taken from you. Do you understand? SUBJECT'S SIGNATURE: REPORTING liGr Name: - - Posting: Or Ce incit. Time: 2A. S Srs Date: a/ 8, /5 ny Signature: Rest Co /vs DISTRIBUTION: ATTACH TO REPORT DOCUMENTATION Revised 1/07/2013 Pleli Government of South Australia EFTA00266577 V‘a-tAC%ick% OF Aitc Lak(602. "-ft•OrtS SIM CiFuL SOUTH AUSTRALIA AFFIDAVIT I. 41<z1( MI11 SnVII-ItkIkIS of make oath and say; Late Ala= Evem,,uC of fl,AM 054 gio /.1) Cae t-E .1c) t, r-4.0^4-C GA ttA, ,P.0 t`\ h. Cet Jet- C)E RCS OJCL Ni (CI+ Po00 4. 00 be NJ IA Ca4C.Sk Of Lit t. /WS Lktn-I %ce.“-t)l.0 rrkt:34 4€"4.“. AND op s64 krste, Skis. rsettmi "AG. Acira H€0. spc qUo4L e-Lb Art u.D.H4 hostcsi o %44 Skit) CIA& k-t (4. t;$ max).* S-(e Ve., C4 C4C)c-i-i 40-€•s-44 o 19).1 (-4,"ce roszeE At 4'44 (Skael., O1/4S4 Baibc.E. • Sworn at Pent* Pins-e- in the said State this 4 *`-day of Aievev,,,le(29 ao 16 before me: of the Peace) gatolt2191) Lees. EFTA00266578 J"BrntN 5t By BILL_ cyr HeMS 1/4/O1)MRR i..-Ar4VeRS) Pctr I was not in a vehicle Not in a position to operate a vehicle PRIN110B SOUTH AUSTRALIA POLICE DEPARTMENT POLICE APPREHENSION REPORT AP No ; 16/846998 Report Job Submitted By X.D.: 7431/3 Run Date z 26/08/2015 Run Time t 15:01 Page OFFENCE DETAILS - MOONY OF EVIDENCE BRIEF OVERVIEW Count 1 On the 13th of AUGUST 2015 at PORT PIRIE, Jacqueline Carol PEARCE, the accused in this matter drove a vehicle namely a maroon MITSUBISHI sedan SA Registration on a road namely John Pixie Island without due care Count 2 On the 13th of AUGUST 2015 at PORT PIRIE, Jacqueline Carol PEARCE, the 4\30la in this matter, being a person to whom a direction was given to provide detail, by a member of the Police Force or authorised officer did not c. with such direction by engaging in conduct resulting in a contravention CONle,.. direction. DOR-1cATE 41/4/0 u, con It is further alleged that the accused refused to state any of her pere details when requested. Count 3 nenke.a • On the 13th of AUGUST 2015 at PORT PIRIE, Jacqueline Carol PEARCE, the accused in this matter resisted Constable a member of the Police Force in the execution of his duty. Count 4 On the 13tb of AUGUST 2015 at PORT PIRIE. Jacqueline Carol PEARCE, the accused in this matter was a person who was required under Section 47E of the Road Traffic Act 1961, to submit to an alcotest, refused to comply with all reasonable directions of a member of the Police Force in relation to the requirement WITNESS Count 1 The witness in this matter is Kathy Marie JACOBS. EFTA00266579 PRIN110B SOUTH AUSTRALIA POLICE DEPARTMENT POLICE APPREHENSION REPORT Run Date s 26/09/2015 AP No u 16/646998 Run Time s 15201 Report Job Submitted By I.D.. 7431/3 page s 2 JACOBS states that at about 8:30 pm on Thursday 13th August 2015 she was about 50 metres away from the Jetty at a place known to the PORT PIRIE locals as "The Bridge to Nowhere". JACOBS was with friends doing some photography when she obs creed a maroon MITSUBISHI sedan, SA Registration riving towards her and the group she was with. JACOBS watched as the sedan drove towards them at speed. JACOBS didn't know what speed it was travelling at but thought it was going so fast it wee going .to hit her and the group. JACOBS states that the car braked heavily end turned, stopping about ten (10) metres away from her. The car was being driven in a very erratic manner. JACOBS observed that the driver of the sedan was a female, wearing a blue dress with alga heels and blonde hair end that she was the only occupant of the vehicle. JACOBS saw that she exited from the driver's seat. JACOBS further states that she could hear the female talking but could not see anyone else with her, she wasn't sure if the female was talking to herself or not. POLICE Count 2 At about 9,07 pm on Thursday 17th August 2015, Police as on mobile uniform patrol when tasked to a Driver Under the Influence n an area of PORT PIRIE known as "The Bridge to'Nowhere" on the John Pirie Island. The tasking was for a drunk female driving a maroon MITSUBISHI Magna, SA Registration and that the driver had almost been involved in an accident. On arrival Police in a marked police vehicle located the motor vehicle in question, a maroon MITSUBISHI sedan, SA Registration parked facing north on the beach front about 50 metres away from the Jetty area, ;3( observed a female seated in the driver's neat of the sedan and exit the Oale to be standing next to the driver's door on exiting his vehicle. approached the female who was wearing a blue dress and high heels attempting to roll a cigarette. activated his personal body worn camera and approache smile holding an Alcotest device in his hand. The female immediately told "I'm not blowing into that". KELLY could immediately smell a strong smell of intoxicatin liquor coming from the female. The female started to walk around the car away from i who could see was unsteady on her feet.- asked the, female if she was the driver, otor vehicle, her response was that she found it. V 4.1) 1se, ielt`r EFTA00266580 PRIN1108 SOUTH AUSTRALIA POLICE DEPARTMENT POLICE APPREHENSION REPORT AP No t 16/S46990 Report Job Submitted By I.D., 7431/3 Run Date , 26/08/2015 Run Time , 15,01 Page 3 *quested the female to provide her personal details. The female flat out re used. The female was informed that if she did not provide her detail. she could be arrested. Her reply was "Arrest me". When warned again the female replied "Yep, Arrest me, put me in handcuffs if you fucking want to, POCK YOU". On three more occasions the female was asked to provide police with her personal details. The female refused three more times end was subsequently arrested at 9:10 pm. Count 3 The female wee informed she was under arrest and told to put her hands behind her back. The female instantly resisted police by gripping her hands together and cro ..... forwards. Her hands were clenched tightly and close to her stomach. told the female to stop resisting on eight (8) occasions and to put her hands behind her back on ten (10) occasions. The female continued to iiiiiil police by kicking her legs about and pulling her hands and arms away from At about 9:12 pm, vas able to place both hand, behind the females back. The task of placing the handcuffs on the female was made considerably harder by her physical resistance end non-compliance with verbal commands. At 9,13 pm further Port Pirie General Patrols arrived and provided assistance fn conveying to female back to the Port Pirie Police Station. Prior to departing the female provided me with the name of "Jacqueline". At about 9,20 I approached a group of people about 50 metres away from the arrest location and obtained witness details from Kathy JACOBS, the witness in this matter. Registration checks on the vehicle confirmed that the sedan was registered to a female by the name of Jacqueline Carol PEARCE, the accused in this matter, of a PORT PIRIE address. Count 4 At about 9,49 pm, Police activated an audio voice recorder. directed the accused to submit to an Alcotest as he believed she was the driver of the sedan. The accused refused to submit to the Alcotest. commenced a PD207 - Oral Advice on Refusal or Failure to Comply with a direction in relation to an Alcotest. The accused was again directed to submit to an Alcotest. The accused again refused. The accused was provided with her rights in relation to the taking of "Good Cause" blood. The accused refused this right. The accused vas cautioned prior to further questioning on the PD207. EFTA00266581 PRIN1100 SOUTH AUSTRALIA POLICE DEPARTMENT POLICE APPREHENSION REPORT AP No : 16/54699S Report Job Submitted By I.D.: 7432/3 Run Date : 36/06/2015 Run Time : 15:01 Page s 4 The accused was not tormally interviewed in relation to any other matters due to her level of intoxication and her demeanour towards The accused identity was confirmed by her South Australian Photographic Driver's Licence NO. ACCUSED The accused in this matter is Jacqueline Carol TO0N.; DOB The accused in this matter was not interviewed duo to her demeanour towards police and her level of intoxication. EFTA00266582 Ret-i-kle-QeD vt-tict_es Ke-13 FROM IGNI-riot) Registry File No AFFIDAVIT IN THE MAGISTRATES COURT BETWEEN OF SOUTH AUSTRALIA AT POLICE PORT PIRIE (NAME OF INFORMANT / COMPLAINANT .) AND Jacqueline Carol PEARCE (DEFENDANT) 4 of PORT PIRIE, in the State of South Australia, affirm and declare as follows: PD114 1. I am a Constable of Police IDnurrently stationed within the Yorke Mid North Local Service Area and attached to the Yorke Mid North Highway Patrol. 2. I commenced this addendum statement on Thursday 11th of August 2016 at PORT PIRIE. 3. On Thursday 13th of August 2015 I was working in the township of PORT PIRIE when I was tasked to a job on the "Bridge to Nowhere" located on the John Pine Island. 4. As a result of this tasking I arrested a female by the name of Jacqueline Carol PEARCE. 5. On my arrival I observed a maroon MITSUBISHI sedan parked facing the beach and foreshore area. PEARCE was initially seated in the arlver's seat but exited the seat when she saw the police car arrive. The ignition was on but the engine was off. The stereo system fitted to the car was on and playing loud music. Deponent's Signature: Date: 2-a CI a 1 leb Witnessed By: (Signature of person before whom affidavit affirmed and declared) • Strike out whichever is inapplicable Piewleatl' 7d1111701S EFTA00266583 Continuance of AFFIDAVIT of: P0114 Page 2 of 3 6. I turned the vehicle off which turned off the music in the car. I secured the keys that were located in the ignition to my key clip on my work belt. The key was a single MITSUBISHI car key with a black tag attached. 7. At the time of her arrest, PEARCE was holding in her hand a can of "Wild Turkey" bourbon and a cigarette. PEARCE smelt strongly of intoxicating liquor during my dealings with her. 8. A bag was located inside the vehicle which was conveyed with PEARCE to the Port Pirie Police Station. 9. At the Port Pirie Police Station, PEARCE identified herself as Jacqueline Carol PEARCE to the charging Sergeant, Sergeant 10. PEARCE refused to submit to an Alcotest. She was issued with a twelve month instant loss of licence which she refused to sign. The keys that were taken from the ignition of her vehicle were booked into her property and returned to her on being bailed. All the property that was booked onto the SHIELD property section was signed for as belonging to PEARCE by PEARCE. This included the contents of the bag that was removed from the vehicle and the car key. Deponent's Signature: 44PDate: 23 / S t1.40Witnessed By: (Signature of person before whom affidavit affirmed and declared) • Strike out whichever is inapplicable Row:mut %Ill EFTA00266584 PD114 Page 3 of 3 Continuance of AFFIDAVIT of: 11. A recording device was activated at the charge counter of the cells complex, a copy of this has since been added to the Police Property Management System (PPMS) 16/A34949 refers. A copy of the bodyworn camera footage was also added to PPMS, 16/A34949 refers. (der {Rat AFFIRMED AND DECLARED AT by the above named deponent, this .7Srtik day of Pcoou 20 (c) Before me: (Signature of person before whom affidavit affirmed and declared) (Name) ❑ Other: (Specify) PPP5 • (ID/ Signing ID) (Station / Sullpfibtouth Australia(SIGNATURE OF DEPONENT) El Proclaimed Police Officer 0 Justice of the Peace I- A Justice of the Peace EFTA00266585 GAVC PERSONAL- DE:MtLs Registry File No AFFIDAVIT IN THE MAGISTRATES COURT BETWEEN OF SOUTH AUSTRALIA AT POLICE PORT PIRIE (NAME OF INFORMANT / COMPLAINANT') AND Jacqueline PEARCE (DEFENDANT) of PORT PIRIE, in the State of South Australia, make oath and say as follows: PD114 1. I am a Constable of Police, identification number currently stationed at PORT PIRIE patrols as a general duties member. 2. I commenced this statement at about 12.40 am on Tuesday, 22nd December 2015 at the PORT PIRIE Police Station. 3. At about 9.15 pm on Thursday, 13th August 2015 I was on uniform mobile patrol in company with Constable I when as the result of high patrol member Constable requesting assistance we attended the 'Bridge to nowhere' PORT PIRIE. 4. Constable requested assistance via the police radio, I recall hearing a female voice screeching during his transmission. 5. At about 9.20 pm and I arrived at the 'bridge to nowhere' parking area which is adjacent to the industrial wharf area in the township. On arrival I observed a Deponent's Signature: 7 Date: ?t /,./z / 20/.S' Witnessed By: (Signature of on befo whom affidavit sworn) Strike out whichever is inapplicable De....4ael• /AU 1 nn .c EFTA00266586 PD114 Page 2 of 4 Continuance of AFFIDAVIT of: maroon Mitsubishi which was parked facing the water. I also observed a female person who was standing near the rear of the cage vehicle with and Senior Constable 6. I would describe this female as Caucasian, fair skin, straight blonde hair which was below the shoulder in length, about 160 cm tall, about 50 kg and slight build. The female was wearing a tightly fitted bluish coloured dress which was above the knee. She was also wearing a black vinyl or leather material jacket. The female was being argumentative and was not listening to the police who were standing with her. 7. I was asked bye if I could assist with searching the female as she was under arrest. I asked the female her name, she initially would not state, however she eventually stated her name was Jacqueline. I searched the female at the rear of the cage vehicle. During this time I noticed that the female smelt strongly of liquor and her eyes were very glassy. I formed the opinion that the female was intoxicated. 8. and I conveyed Jacqueline to the PORT PIRIE Police Station cell complex where she was escorted inside. and I remained with Jaqueline until arrived at the cells. 9. Upon returning to the cells I leamed that Jaqueline's full name was Jaqueline PEARCE. Deponent's Signature: 4:1--c. Witnessed By Date: ,22._ 1 /2 1 470,,,f- (Signature person before whom affidavit sworn) Strike out whichever is inapplicable Revised: 24111/2015 EFTA00266587 PD114 Page 3 of 4 Continuance of AFFIDAVIT of: 10. Once had returned he directed PEARCE to blow into the alco test. directed several times, however she refused to participate. • 11. and I remained in the cell complex with PEARCE until the completion of shift which was about 11.00 pm. During my time with PEARCE I found her to be uncooperative and verbally abusive toward police. 12. I had no further dealings with this matter. Deponent's Signature: Date: 77, qz_ / 70:1—Witnessed By: (Signature of pg ton bet° whom affidavit sworn) *Strike out whichever is inapplicable EFTA00266588 Registry File No AFFIDAVIT IN THE MAGISTRATES COURT BETWEEN OF SOUTH AUSTRALIA AT POLICE PORT PIRIE (NAME OF INFORMANT / COMPLAINANT*) AND Jacqueline Carol PEARCE (DEFENDANT) of PORT PIRIE, in the State of South Australia, affirm and declare as follows: PD114 1. I am a Senior Constable of Police, identification number =currently stationed at Port Pirie Police Station. 2. I commenced this statement at about 9.00 am on Sunday 20th December 2015. 3. At about 9.13 pm on Thursday 13th August 2015 I was working on solo uniform patrol when I heard Constable requesting assistance after he was tasked to potential drink driving incident on John Pine Island, PORT PIRIE, aka The Bridge To No- where. 4. On arrival I sawnith a female who I do not know and who I have never seen before. 5. I stopped close by and opened the rear door of the cage car. Deponent's Signature: Date: 28 / I (5 - • Strike out whichever is inapplicable Witnessed By: (Signature of perso b fore whom affidavit affirmed and declared) EFTA00266589 PM 14 Page 2 of 2 Continuance of AFFIDAVIT of: _ 6. Also present was Senior Constable 7. The female was directed to get in the back of cage vehicle to which she refused. 8. At this time Constable ( and Constable scene. arrived at the 9. The female was placed in the rear of their vehicle prior to being conveyed to Port Pirie Police Station. 10. I did not have any conversation with this female in relation to any allegations. 11. I was not provided with her name. 12. I did not make any notes of this incident. AFFIRMED AND DECLARED AT TQ P, 17(r . by the above named deponent, this 4.444. day of 1)ep,?„,.....-49,61,-.., Before me: 20 15. (SIGhIATURE OF DEPONENT) Proclaimed Police Officer 0 Justice of the Peace (8 lure of person before whom affidavit affirmed and declared) 0 Other. (Specify) (Nark) (ID / Signing ID) git3 el C (Station / Suburb) EFTA00266590 Registry File No AFFIDAVIT IN THE MAGISTRATES COURT BETWEEN OF SOUTH AUSTRALIA AT POLICE PORT PIRIE (NAME OF INFORMANT / COMPLAINANT') AND Jacqueline PEARCE (DEFENDANT) PD114 of PORT PIRIE, in the State of South Australia, make oath and say! affirm and .---declare as follows: 1. I am a Constable of police ID Ncacurrently stationed at the Port Pine Police Station. 2. I commenced this statement at about 1.48 am on Sunday the 20th of December 2015 at PORT PIRIE. 3. On Thursday the 13th of August 2015 I was on uniform mobile patrol in company with Constable hen at about 9.17 pm we attended John Pirie Island, PORT PIRIE, after receiving a request for assistance from Constable MB. 4. Upon arrival I saw a female who was identified to me as being Jacqueline PEARCE, the accused, handcuffed to the rear next standing next to a cage police vehicle. Also present were Senior Constablad Senior Constable with Constable M. requested us to convey the accused to the Port Pine Police Station in our sedan Deponent's Signature: D e:2-O / 12. / Strike out whichever is inapplicable Witnessed By: (Signature of person before whom affidavit *sworn / affirmed and declared) EFTA00266591 PD114 Page 2 of 2 Continuance of AFFIDAVIT of: fleet, as she had become agitated when they had previously attempted to place her into the cage vehicle for conveyance. 5. The accused was placed into the rear seat of the patrol vehicle. sat in the other rear seat of the vehicle as I drove the vehicle to the Port Pine Police Station cell complex. I assisted supervising the accused as she was placed in the observation room of the cell complex, whilst commenced the charging data entry. The accused 'rambled' whilst seated in the observation room; much of which I couldn't understand. 6. Whilst supervising the accused, attempted to submit her to an alcotest in the cell complex, which she refused to comply with. 7. The accused was charged and left in the care of staff in the cell complex. 8. I have had no further dealings in the matter. •3Vd6RN-AM-d AFFIRMED AND DECLARED AT by the above named deponent, this Before me: 9o" day of Fog p; RIF 20 if (SIGNATURE OF DEPONENT) Pro aimed Police Officer (Signature of person before whom affidavit 'sworn /affirmed and declared) ❑ Other: (Specify) ❑ Justice of the Peace PPP'S (Name) (ID/ Signing ID) (Station / Suburb) EFTA00266592 Registry File No AFFIDAVIT IN THE MAGISTRATES COURT BETWEEN OF SOUTH AUSTRALIA AT POLICE PORT PIRIE (NAME OF INFORMANT / COMPLAINANT') AND Jacqueline PEARCE (DEFENDANT) of PORT PIRIE POLICE, in the State of South Australia, affirm and declare as follows: P0114 1. I am a Senior Constable First Class of police ID No currently stationed at the Port Pirie Police Station. 2. I commenced this statement at about 12.20 am on Tuesday the 22nd of December 2015 at PORT PIRIE. 3. On Thursday the 13th of August 2015 I was on solo uniform mobile patrol when at about 9.13 pm I attended John Pirie Island, PORT PIRIE, after receiving a request for assistance from Constable 4. Upon arrival I saw a female who was identified to me as being Jacqueline PEARCE, the accused, standing next to a maroon MITSUBISHI Magna sedan, South Australian Registration , parked at the carpark situated at the northern end of John Pirie Island. 5. I further saw Constable attempting to placed handcuffs on PEARCE who appeared to be resisting thus I assisted Deponent's Signa Date: Strike out whichever is inapplicable Revised: 24/11/2015 to place them on. Witnessed By: (Signature of person before whom affidavit affirmed and declared) EFTA00266593 PD114 Page 2 of 2 Continuance of AFFIDAVIT of: 6. At this time Senior Constable arrived with the Police cage vehicle, at which time PEARCE became agitated and refused to get in to the back of the cage vehicle. 7. At this time Constables and arrived in a Police sedan and put PEARCE in to the rear of the Police sedan and she was conveyed to the Port Pine Police station by AFFIRMED AND DECLARED AT and tiert5 • by the above named deponent, this 1-2 "is day of (Decencease Before me: (Signature of person before whom affidavit affirmed and declared) (Name) (ID / Signing ID) DProclaimed Police 0 Other: (Specify) 20 I-C EPONENT) Justice of the Peace (Station / Suburb) EFTA00266594 PD114 Page 2 of 2 Continuance of AFFIDAVIT of: 9c- out of the car and started to dance around and lean against the bonnet of the car, as if she was having a one person party. 5. The female was dressed well and she gave me the impression she was on drugs just because of her actions and the way she acting dancing about and singing. 6. One of our group rang the police to report this incident as we were concerned about the female and the fact that we did not believe that she should be driving. by the above named deponent, this Before me: SWORN AT (S of person before whom affidavit sworn) (Name) (ID / Signing ID) day of 20 f< • (SIGNATURE of DEPONENT) g. Proclaimed Police Office O Justice of the Peace O Other: (Specify) Ater ftet. sC • (Station Suburb) EFTA00266595 vv I-Th.)65S eS - APPRorcee,BLE - GOT GOT or THE VEHICLE WAS NOT I1.a Trte VEHILLC Registry File No AFFIDAVIT IN THE MAGISTRATES COURT BETWEEN OF SOUTH AUSTRALIA AT POLICE PORT PIRIE (NAME OF INFORMANT / COMPLAINANT') AND PD114 Jacqueline Carol PEARCE (DEFENDANT) I, Ernest Edwin POLLEY of PORT PIRIE, in the State of South Australia, make oath and say as follows: 1. I am Ernest Edwin POLLEY and I give this statement to Senior Constable at 9:08am on Monday 28th December 2015 at the PORT PIRIE Police Station. 2. On Thursday 13t" August 2015 at about 9:00pm I was with friends about 50 metres away 3. from the Jetty at a place known to the PORT PIRIE locals as "The Bridge to Nowhere", we were taking photographs towards the silos situated there, at this time I saw a car coming towards us at speed, I could only see the headlights initially, but as the car got closer I started to wave a torch around so the car would see us. The car didn't slow down until suddenly it was on us and we were caught in the headlights. The car locked its wheels up and skidded but managed to stop only about 4 meters from us and swerved to the left as it did so. The car was dark coloured sedan. 4. k. I walked up the car and spoke with the female driver, she was the sole occupant of the car. I explained that we were taking photos and using lights and with this the female got Deponent's Signature: Witnessed By: ....-- ------ Date: (Signature of pe ore whom affidavit sworn) 'Strike out whichever is inapplicable EFTA00266596 j-ciacs ) FIE D 51-A-rEfriek\ --- CoNi Fe- I CT N6 1^1 ITH _CC,(\.LD 1A)17-N65-5 '<ATM •-/ 7-ACC.) kNat•IT ON Metz t r‘•c Registry PHUTOGRflf It S File No t"C-F Cc") CaRNE D IN THE MAGISTRATES COURT OF SOUTH AUSTRALIA AT PORT PIRIE BS - 0 r EiciL) NOT V 1S) BCC FIRRes-r PD"4 AFFIDAVIT BETWEEN POLICE (NAME OF INFORMANT / COMPLAINANT) AND Jacqueline PEARCE (DEFENDANT) I, Ernie POLLEY of CRYSTAL BROOK, in the State of South Australia, affirm and declare as follows: 1. I am providing this statement to Constab per phone. of the Yorke Mid Highway Patrol 2. I provided this addendum statement on Thursday 11th of August 2016. 3. While I was doing my photography with a group of friends over "The Bridge to Nowhere" in Port Pine, I observed a vehicle come up to us at speed then skid to a stop. I was worried that the car was going to crash into us. I went up and spoke with the driver. It was a female and she was alone in the vehicle. 4. She exited the vehicle and it appeared as though she was having a one person party. She was lounging on the bonnet of the vehicle and dancing around. 5. One of the group contacted police and when they came, they arrested her. It was the same woman that was driving that was arrested by police. Deponent's Signature: Date: /7 / //‘ Witnessed By: (Signature of person before it affirmed and declared) " Strike out whicliever is inapplicable EFTA00266597 PD114 Page 2 of 2 Continuance of AFFIDAVIT of: Ernie POLLEY 6. When the police officer was arresting her, it appeared as though the police were struggling with her at the back of the car. She wasn't making it easy for them. AFFIRMED AND DECLARED AT Tok-4 by the above named deponent, this Before me: (Name) (Signature o whom affidavit affirmed and declared) ' I (ID/ Signing ID) (SIGNATURE OF DEPON ErProclaimed Police Officer ❑ Justice of the Peace ❑ Other: (Specify) Tort Tirt"e (Station / Suburb) EFTA00266598 5ECC1J E-O ESS CUNFucT1rJC. kt.) v-rt-t ERN) I E. PCA—t—V 14 IN9 0<rrato -r-H E VErtt c.c.c - knisPis Ncrr t NI -THE Registry HIC-/-6 File No AFFIDAVIT IN THE MAGISTRATES COURT BETWEEN OF SOUTH AUSTRALIA AT POLICE PORT PIRIE (NAME OF INFORMANT / COMPLAINANT') AND Jacqueline Carol PEARCE (DEFENDANT) I, Kathy Marie JACOBS of NAPPERBY, in the State of South Australia, affirm and declare as follows: PD114 1. I am providing this statement to Constable of the Yorke Mid North Highway Patrol per phone. 2. I provided this addendum statement on Thursday 18th of August 2016. 3. On Thursday 13th of August 2015 I was with a group of friends at a beach area known as the "Bridge to Nowhere" in PORT PIRIE. We were taking photographs on the beach when I observed a car driving towards us. 4. *- I observed that a female exited the vehicle and was by herself. I had called the police because of her manner of driving. 5. k I photographed the vehicle's registration so that I could tell police what it was when I called them: 6. When the police arrived they ended up arresting the female that was driving the car. Deponent's Signature: Witnessed By: Date: 23 / 20q, Strike out whichever is inapplicable (Signature of person before whom affida affirmed and declared) EFTA00266599 PD114 Page 2 of 2 Continuance of AFFIDAVIT of: Kathy Marie JACOBS 7. I did not see the female in the company of anybody else. She was by herself. AFFIRMED AND DECLARED AT i\ACieffrSky by the above named deponent, this 2?> day of ikuansr Before me: (Signature of person before whom affidavit affirmed and declared) (Name) (lb / Signing ID) 20 IL, _ (SIGNATURE OF DEPONENT) ErProclaimed Police Officer ❑ Justice of the Peace ❑ Other: (Specify) (SYation/Subeib) . • EFTA00266600 Registry File No AFFIDAVIT IN THE MAGISTRATES COURT BETVVEE74 OF SOUTH AUSTRALIA AT POLICE PORT PIRIE (NAME OF INFORMANT / COMPLAINANT') AND (DEFENDANT) .reelreirand-rsay I, Kathy Marie JACOBS of PORT PIRIE, in the State of South Australia, / affirm and declare' as follows: 1. I v.:where... 1(1ns staterrifi, a in constabl 2015 at PORT PIRIE. at 9.20am on Friday 141h August PD114 2. At about 8.30pm on Thursday it August 2015, I was at PORT PIRIE about 50 metres away from the jetty across what is known in town as the 'bridge to nc•vhere'. The bridge comes off of Main Road PORT PIRIE and goes across the water to Ei scrub area where there are some boat ramps and a jetty. 3. I was there doing some photography with some friends when a maroon Mitsubishi sedan arrived. I watched the car driving towards us at speed I don't know exactly how fast the car was going but it Was going very fast. When it drove closer I t:iought it was going to drive •nto us but it braked heavily kind turned and pulled up about 10 metres away from us. Tie car parked with the headliihts facing towards the beach. I do not know the Deponent's fignature: Witnessed By: (Signature of pe whom affidavit Worn / affirmed and declared) * Strike out thichever is inapplicable Revised: 14101/2/5 EFTA00266601 CONWIAcnNe, HE-eOLACKTS - NC) Nor INs-rrgeSS rigfiest role v•tiNtr Becke MG PHOTO too-r CONCERNED f FT ER Cam) I M iNG REASoM FOR cau-tr\C4 PO C tcE - cor.)caa,NED PD114 Page 2 of 3 Continuance of AFFIDAVIT of: Kathy Marie JACOI15 number plate but we did take a pal° of it. When it pulled up I don't think that the car lost traction and slid but it was being driven in an erratic manner. 4. When the car stopped a female with blonde hair, dressed in heels and a blue dress got out of the driver's seat of the car. The female staggered down towards the beach towards Ernie POLLY who was one of the males I was with. She turned around and walked back to her car and lit a cigarette and wa3 leaning against the bonnet of her car smoking. 5. "X. Ernie walked up to the female and aszed her to turn the headlights off as we were trying to photograph some lighting effects •dtt.;•- the turned the lights off without any • " issues. She sit around smoking her cigarette and a short time later she turned on some music. I heart her open a can and saw her drinking. I don't know what she was drinking. She then stared to dance and was talking. I didn't know if there was anyone else in the car or if she was talking to herself. She started to sing and continued to dance. 6. I thought her behaviour was weird so I called the Poiice. About 20 minutes later a Police car arrived. I was by the jetty with a few ether people and I saw the police car stop by the female. 7. a* We went back to taking photos. I didn't take much r otice of what was going on but a short time later I heard a commotion and tumerg.tt;ouldn't see a lot because of the police cars head lights but I saw flashes of blue of the females dress. I heard the female Deponent's Signature: diig . %/Messed By: (Signature of affidavit 'worn/ affi and declared) • Strike out whichever is Inapplicable Raised: 14/01/200 EFTA00266602 vs Continuance of AFFIDAVIT of: Kathy Made JACOBSP0114 Page 3 of 3 shouting. A short time later I saw two other police cars arrive.4 I ‘. could see anything because of all of the head lights. 8. A short time later a police officer approached us and I spoke to him. I gave him my details and he asked if I could make a statement. I spoke to the officer for a little while. Ernie came and gave his details to the police too. 9. The po'ice then left with the female and her car was left at the beach. 10. I would describe the female as Caucasian, medium build and height, blonde long straight hair, wearing a blue dress and heels. l(ir re t. isspioasiAr f AFFIRMED AND DECLAR ED AT by the above tamed deponent. this Before me: - lure of person before whom aflidevelewom / affirmed and declared) (Name) day of Pt- . 20 t< (SIGNATURE OF DEPONENT) venCroclaimed Police Officer 0 Justice of the Peace. 0 Other: (specify) 9a (ID / Signing ID) (Station /Suburb) Revised: 42$3/20 5 EFTA00266603 Locket ) IN HOU:MA( 4 ICePPCK 6p1 SHOQC-C)6R NI-1AT HAVE '-CX)(,OT Oki L.WIDOR THicrf bReSS SExUal CoMr-16NT UNO.SOF)t_ cot...3(.46c, Detention log entry: Property/ 13/08/2015 2128/ PEARCE, .I. / SPD53143 MILDRUM,J./ —13/08/2015 2Z28... — ❑ X File Edit View Help 1 C:.) a X1111 a At 8* ♦t®I -13/08/2015 22:28 ACST- Added item: NECKLACES , quant: 1 Police General Added item: NECKLACE , quant 1 Police General Added item: RINGS , quant: 2 Police General Added item: STUD EARINGS , quant: 2 Police General Added item: SLEEPERS , quant: 3 Police General Added item: EARING ACCESSORY , quant 1 Police General Added item: STILETOS - PAIR OF , quant: 1 Police General Added item: BLACK JACKET , quant: 1 Police General Added item: CAR KEY , quant: 1 Police General Added item: BAG & CONTENTS , quant: 1 Police General Added item: SAMSUNG MOBILE PHONE , quant: 1 Police General Added item: FORD CAR KEYAND HOUSE KEYS , quant: 1 Police General Added item: BLACK WALLET & CARDS , quant 1 Police General Added item: BAILAPPUCATION INFORMATION PAPER , quant: 1 Police General Added 1 x $1 coin(s) Added $.45 of coins Total amount held by police: 1.45 rPick 1 type: property Trne:r3/08/2015 2228 wording ___J 3 Officer sig. toned e: lign OfFic itc- Accept sig : Time: 13/08/2015 2234 Sig method: Password ,6 Once) sig i fearcceep. lrA Detainee/other sig. required , Refused sig St / Sig: pEARCE. J. 0 Unable sig ' Time: 13/08/2015 22:34 449 Sig method: Sisnaturetabkt —,..-7—.;ea. Qtricer sign ' ,_ _. .....— £3 use A EFTA00266604 0)3TA I NED FROM Esu.t. crrvitc)ms, ‘.../0.)MARLD L-etr4/62,5, FoRr P1Rt ViDCo EVICENCE - 1 NOS N.)07 iN THE VEnIGLE bi D NoT Res isT fz)RRes-T- k IL,K I I-I IT OFFICER , FOLLNNts/C, c,ONTINCQCS SexCL.. -TRIRL,ET/NG CF pRcsTramokl \)C) PC(.4c6 -rigie-GerA)6 FOL-LoWtr- 16, coNri-ss-rits)( 4, REPORTING 14C1( OD/ ti r 00 (vitt) ,sr v EFTA00266605 Confidential statement of Jacqueline Pearce Jannifeline Caml Pearrp 1 4th January 2016 On the night in question, 13th August 2015, I had spent the late afternoon, into the early evening within the company of my girlfriend, as I been upset with a man ( Zac -Dating site profile - Police officer ), that I had been speaking to via my mobile phone contact for a duration of about two months, on and off. Zac and I had encountered conflict, in our interaction, as Zac had made a derogative remark, which I had found very unusual, insulting and degrading. Comment : " You make the most money lying on my back in bed" , and a reference to prostitution. I had stopped my interaction with Zac on this occasion and had blocked his phone number from connecting with mine via text messages or phone call contact. I was still in interactions with Paul Gardner at this time but the relationship had become one of a volatile nature which had caused confusion and fear within my mind, which had resulted in an affair of disconnection of interaction on numerous occasions over a ten month period. The relationship of which I had been sharing with Paul Gardner had again ceased in contact and I had unblocked the phone number of Zac, under the suspicion that the incidents that were occurring around me were related in some way. On the day that I had unblocked Zac's phone number on my mobile phone, within an hour, I received a text message from Zac, re-instating our contact and our shared conversations from our previous contacts. After a long period of continual deep thinking in regards to the events that had been unfolding within my life over a five year period, the suspicious behaviour and the unusual activity began to make sense and I began to believe that I had been a target of an illegal activity of sexual intent within this local region, concerning prominent positions and police involvement. I began to believe that the targeting was one of a pre— meditated , well orchestrated conspiracy to entrap myself and my children, including my immediate family, into a life of prostitution. I began to become quite fearful and my mind began to race with panic and fear, as the fear overwhelmed me that my children had been hurt or assaulted in the same way of the targeted assault that had been applied upon myself. Due to the numerous amounts of unusual behaviour and activities that had surrounded myself and my family. I had sort the company of a friend that day in my need for comfort and to talk about these issues that I had held in great concern within my mind. EFTA00266606 2 After consuming a glass of wine and one can of Wild Turkey , pre-mixed bourbon, that I had purchased to share with my girlfriend that afternoon, I gathered my belongings - handbag, cigarettes and the three cans of bourbon that had remained within the cardboard holder from the purchase of the alcohol, and left the residence about seven pm that evening. I then drove to the local beach ramp site carpark, in Port Pirie, and parked my vehicle facing the waters edge, close to the " Bridge to Nowhere ". I sat in in the front drivers seat, over looking the water and the John Pirie Island from across the water, feeling very nervous, fearful and confused, as I smoked a cigarette and continued to ponder over all the details of information and events that had surrounded myself and my family in the previous years leading up to this evening. I had become very confused and now feared that the continual sexual advances that I had been receiving over a five year period from unknown, unusual sources, and the attention that had surrounded myself, my children and my immediate family from numerous male and female officers, business owners, medical experts, men from within prominent positions and members of the local public ,had been a pre - meditated sexual attack to form a image of deformation upon myself and my children. I started to cry, placing my head into my hands as I sat in the front seat drivers side of my vehicle, confused, upset and bewildered to the reason behind these occurrences, and as was trying to come to a decision as what to do, as I felt that I could not report this to the local police department as I feared their involvement in the sexual advances that I had been receiving over a long period of time. I had come to the conclusion that Zac ( the alleged Police officer that I had been speaking to ), was in some way involved in this sexual attack upon myself and my family and I had become suspicious that Zac was in fact impersonating a police officer and was not the person of whom he had claimed to be. ( Plenty of Fish - online dating site - first contact of our interaction ) I sent Zac a text message via my mobile phone, underlining and stating ( a clear message of the understanding that I was not impressed with being treated this way and made it very clear to him that I did not wish for him to make any contact with me in the future. ( a defensive message ). I sent this message at eight pm that evening ( phone record ) Last contact with Zac - 14th August 2015, ( phone record ) After sending the message, I placed the mobile phone into my vehicles central console and lit up another cigarette, as I continued to look over the water towards the John Pirie Island. As I sat smoking my cigarette , I noticed a spectacle of coloured, flickering lights spinning in the evenings darkened skies, coming from the direction of the John Pirie Island beachfront. " What's that ? ", I commented to myself , as I continued to finish my cigarette and watch the flickering lights in the darkened sky. I butted out my cigarette in the vehicles ashtray and started the engine of my vehicle and drove over to the entrance of the " Bridge to Nowhere ". EFTA00266607 2 I stopped at the red traffic lights at the entrance to the bridge and entered the bridges upon the changing colour of the traffic lights at the speed indicated on the bridge sign post. I followed the road that led onto the gravelled road that directed you to the waters Beachfront, noticing campers, a tent and a four wheel drive to my right, situated just after the bitumen road area, and continued to amble slowly down onto the beachfront towards the flickering lights, that I could now see were a string of fireworks, connected to a cable or rope of some type, being swung around in a circle above a mans head. ( Ernie Polly ) and a film crew recording on a tri - pod about 50 metres away from the position of the man, standing on the waters edge in front of the first red tower situated in the water. I parked the car facing side onto the film crew and the group of vehicles, about 50 metres distance away, but in direct line with the first red tower and the man ( Ernie Polly ), swinging the fireworks around above his head. I exited the vehicle via the drivers side door, leaving the radio playing ( Magic FM ) and the drivers door open as I stood against the front drivers side front guard of the vehicle. ( Rego : ). I had left the drivers side door open, as I was listening to the music and singing quietly, trying to ease my mind from the events of the day. I opened the can of coke that my friend had given me to drink instead of the alcohol, as I was driving. I continued to listen to the music while I watched the film crew filming the fireworks display being swung around on the cable. I did not know these people- film crew or the man. As I stood watching the display, the man ( Ernie Polly ) stopped swinging the fireworks display above his head and walked diagonally towards the film crew and they spoke quietly to each other. ( I was not close enough to hear one word of this conversation. ) After speaking for a moment to the woman ( Kathy Jacobs ) the man ( Ernie Polly ), started to walk towards my direction with the fireworks cable in his hands. As he approached and had entered into my ear shot ( hearing distance ), I called out to the man ( Ernie Polly ), asking if it was okay for me to stand and watch the display. The man ( Ernie Polly ) replied instantly in a friendly manner, " Yes, as long as you don't get in the way ", and proceeded to walk back over to the waters edge of which he had been standing previously in front of the first red tower in situated in the water, and continued with the activities, as I watched quietly, leaning against the front drivers side guard of my vehicle. After standing in that position for close to an hour, watching the fireworks display on the waterfront, the man ( Ernie Polly ) and the film crew packed up the film equipment and fireworks display and packed them into their vehicles and left the area. ( about three cars - one was white ). I continued to stand next to my vehicles front drivers side guard and proceeded to roll a cigarette as I finished the warm can of coke that I had been sipping while watching the display. As I stood rolling the cigarette, listening to the radio alone and now in isolation on the beach front, a police vehicle rushed upon the scene, driving at a very fast speed EFTA00266608 4 slid onto the scene in the gravel and beach sand, about ten metres away from my parked position on the beach, billowing a screen of dust and gravel into the air as the police vehicle came to a sliding halt. A police officer leapt from out of the drivers side seating of the vehicle and rushed aggressively towards me, standing next to my vehicle, holding out in front of him at arms length distance a breathalyser testin unit and angrily demanded, " Blow in this ". As the police officer ( Constable ) rushed aggressively towards me, I started to panic ( as my mind raced in regards to the previous thoughts and conclusions of the suspicious activity that had been surrounding me for a long time ), and feared for my life of a physical or sexual attack, as I had been receiving death threats and threats of violence from an unknown source. I dropped the can of coke from out of my hand, that spilt down the front of my dress and rolled under the front of my vehicle and my cigarettes fell onto the bonnet of my vehicle, as I raised my hands up above my face, flat palms facing towards the police officer ( Constable =MI ), in a surrendering position as I said the words, " No, whoa, What is going on ? ", In a panicked voice. The officer ( Constable ) grabbed my arms aggressively and aggressively slid me down the length of rrrte•and up against the drivers side back panel at the back end of my vehicle. " What are you doing ? ", I cried out, fearful and panicked, as the officer aggressively grabbed my arms, forcing them behind my back, hurting my left and right shoulders, wrists and arms severely as he roughly placed my hands into the very tight handcuffs, as he shoved his other hand, that was not holding my hands in the hand cuffs, to the base of my skull and slammed my face down hard against the boot panel of my vehicle, resulting in an instant swelling and bruising of my left cheek bone. " What is going on ? ", I cried out again to the police officer, as I raised my face up from off of the boot panel. " Your under arrest for resisting