Ian Patrick Dick spat cake at police at cross-border checkpoint

A police prosecutor described Ian Dick’s behaviour as “reckless” when he spat his cake on the ground and a police officer was indirectly hit.

An interstate truck driver who spat cake on a police officer at a Victoria-South Australia border checkpoint has been handed a conviction.

Ian Patrick Dick, 64, appeared at the Mount Gambier Magistrate Court today, pleading guilty to offensive language, resist police and a prohibited act involving human biological material – downgraded from assault police.

The truck driver was crossing the border at Hynam for the fifth or six time for the day when he was directed to stop by police at 11am on June 4, 2020.

Ian Patrick Dick outside the Mount Gambier Magistrate Court on Friday, February 5.

The police prosecutor said Dick became agitated when police spoke to him about entering the checkpoint at excessive speed.

“He immediately began swearing and yelling at the police officer,” she said.

He was then told he would not be charged with a driving offence but reported for offensive language.

“At the time he was eating a piece of cake and spat down,” she said.

“Some saliva and some cake landed on the sleeve of the officer.”

Dick initially refused to exit the truck when he was told he was being arrested and resisted police as he was handcuffed on the ground.

The prosecutor said the cake spit was not deliberately aimed at the officer but described the behaviour as “reckless” and did not seek further imprisonment as he had spent 12 days in custody after the offence.

Defence lawyer Dylan Walsh said Dick had been a truck driver all his life and had a fractured relationship with police.

He said his client disputed driving at excessive speed, became agitated as he was on a tight schedule and spoke to police in the same way he speaks to fellow truck drivers.

Walsh argued for no further penalty saying he was eating his lunch and the cake stuck in his throat.

“There was absolutely no intention to spit on police,” Mr Walsh said.

“There was a small amount of spilt and I believe one crumb on the officer’s arm.”

Magistrate Maria Panagiotidis recorded a conviction and ordered Dick to pay court fees, saying she was satisfied the 12 days he had already spent in custody was sufficient punishment.