Matthew James Johnston in court for obstructing police

The man had stopped at a Bundaberg Hungry Jacks when police saw that he was in what they thought was a stolen car. What happened next would put him in jail for the next 93 days.

A Bundaberg father had a taser pulled on him outside a Hungry Jacks over claims the car he was driving was stolen, though the charge relating to a stolen car was later thrown out.

Matthew James Johnston, 37, was at Hungry Jacks in the Bundaberg region on the night of May 14, 2022, when police were there investigating an unrelated incident, Bundaberg Magistrates Court heard on August 15, 2022.

It was then they noted Johnston in the car park, and recognised the car as having been reported stolen, the court heard.

Police prosecutor Andrew Powis said a detective at the scene tried to investigate the matter, identifying himself and trying to take the keys so Johnston could not drive away.

“The defendant immediately pushed his knee up in to (the detective’s) hand and jammed it between the dash and the ignition with his knee,” the court was told.

“The defendant then took a hold of (the detective’s) wrist in an attempt to prevent the keys from being taken out.

“At that time, (the detective) was yelling at the defendant to release his hand and the defendant was screaming at (the detective) that the car was not stolen and to leave it alone.”

The detective told Johnston he was under arrest, before pushing his head back to regain control.

Matthew James Johnston, 37, was at Hungry Jacks in the Bundaberg region on the night of May 14, 2022, when police were there investigating an unrelated incident, Bundaberg Magistrates Court heard on August 15, 2022.

Snr Const Powis said Johnston was acting in an aggressive manner and the detective drew his taser before back-up officers arrived to “forcibly remove” Johnston from the car.

Johnston resisted arrest and stiffened his arms, making it difficult to handcuff him, he said.

“He was taken to ground by officers,” Snr Cont Powis said.

A copy of Johnston‘s criminal and traffic history was handed to the court and it was heard that he was on parole at the time.

Defence lawyer Lavonda Maloy told the court her client was a 37-year-old father of one, who, after completing his education, spent his adult years employed either in trades, as a trawler fisherman or as a tradie in the mines.

Ms Maloy said Johnston, an indigenous man, had been raised in Bundaberg.

“My client instructs, your honour, that he wanted an opportunity to explain to the police that he didn‘t believe the car was in fact being unlawfully used... your honour will see prosecutions have conceded to some submissions made on my client’s behalf and that charge has since been withdrawn,” she said.

“He instructs he simply wanted that opportunity to explain and keys were being removed from the ignition of the vehicle which he instructs that he was lawfully entitled to be in possession of, that he was trying to stop that from occurring - then a taser was pulled on him.”

Another charge of possessing restricted items was also withdrawn.

Magistrate John McInnes told the court Johnston‘s actions constituted “quite a prolonged obstruction”.

“The point about all that is that police have to have reasonable suspicion and there will be many cases where police have a reasonable suspicion where ultimate proof can‘t be satisfied,” he said.

Mr McInnes said Johnston had no recent criminal history for like offences of a weighty nature, but had a record for breaching court orders and that the offence of obstructing police was committed while on parole.

“I accept that this all happened all of a sudden and you found yourself suspected of having unlawfully used a car when your view was that was incorrect,” he said.

“But, the point is, sometimes the police have to act in this way and make inquiries when there's been a complaint or any reason they have a reasonable suspicion that an offence has been committed and people can’t just take it upon themselves to decide whether or not they’re going to co-operate.”

Johnston, who had spent 93 days in custody, pleaded guilty to one count of obstructing police.

He was sentenced to 14 days’ prison, suspended for three months.