Jessica Blinda Polsoni Hanbury slams Mackay court after arrest appealed

A mum charged with her toddler’s murder has hit back at a Queensland court that ordered her arrest at their last meeting, later ruled as unlawful by a higher court. But it was just the start of a chaotic court day.

A mum charged with her infant daughter’s murder has hit back at a Queensland magistrate who ordered her arrest at their last meeting, which was then ruled as unlawful by a higher court.

A mum who allegedly murdered her own daughter has slammed as a “mistake” a Mackay court’s order she be arrested after refusing to acknowledge her own name in a sovereign citizen stunt.

Jessica Blinda Polsoni and her husband Adam Joseph Hanbury are charged with their two-year-old daughter Diana’s murder by neglecting to hospitalise her until she was presented to Mackay Base Hospital on December 29, 2022, unmoving.

Like her last mention on June 25, Ms Polsoni was flanked by a group of about 12 supporters that included World Freedom Rally Mackay’s Tine McDonald, Rhonda Marriage, and Heidi Ward.

Then, she fired her lawyer Adam Harvey and began spelling her own name in a “pseudolegal” outburst inspired by the sovereign citizen movement that led to magistrate Damien Dwyer ordering she be arrested.

On Thursday, after an appeal judgment found the arrest unlawful, Ms Polsoni slammed Mr Dwyer during a mention of her matters for what she described as a “gross embarrassment of your court”.

Hand in hand with her supporting band, Ms Polsoni left the courthouse. Photo: Fergus Gregg

“It was your mistake that fulfilled the requirement for a ... judgment, which is why I believe pursuing this course is going to lead to nothing more than a gross embarrassment of your court,” she said.

“Well, I’ve lived here for 20 years, I’m used to that,” he quipped.

“I don’t wanna have to be in a position where if I make a mistake, there’s someone above me that’s gonna sort me out, (but) if you think I’m making a mistake, go to the Supreme Court, it’s water off a duck’s back.

Magistrate Damien Dwyer.

“That’s the law. That’s the way things are.”

Mr Dwyer went on to explain in detail the process of committal to the Supreme Court, into whose proper jurisdiction he said the charge of murder must be transferred, noting the relevant sections of the Justices Act would be made available to Ms Polsoni.

The court heard the full brief of evidence was initially disclosed on April 4 to her former lawyer and returned by Mr Harvey.

Heidi Ward was with at least 12 supporters of Jessica Blinda Hanbury nee Polsoni leaving Mackay Magistrates Court. Picture: Zoe Devenport

“I want to tell you now, defendant, you are innocent of any charge. It is not a matter for you to prove you are innocent, it is a matter for the Crown and the prosecution to prove beyond reasonable doubt your guilt,” he said.

“When all the evidence is placed before me, I will adjourn it and determine whether or not I consider there is sufficient evidence that a properly constructed jury could, not would, convict you of that offence.”

Ms Polsoni’s arrest has also affected the progress of her husband’s matters, who had his committal delayed while he is on bail in South Australia.

McKenzie friend rejected

Ms Ward initially joined Ms Polsoni at the bench and claimed to be acting as a McKenzie friend.

McKenzie friends can sit next to defendants in court to take notes, whisper non legal advice and prompt questions, but cannot address the court directly and may be liable for any misleading advice.

Ms Polsoni said she had a right to McKenzie friend “in light of the judgment”, but Mr Dwyer interrupted them both.

“You do not have the right, you have a right at the leave of the court,” Mr Dwyer said, before telling Ms Ward to sit down while Ms Polsoni asked three times if he was denying the judgment had occurred.

“Of course I’m not, it did occur. That’s why you’re here ... not in custody.”

Jessica Blinda Polsoni, who is charged with murder over the death of her 14-month-old daughter Diana Hanbury in 2022, was rearrested at her last appearance in the Mackay court. Picture: Zoe Devenport

Only moments later Mr Dwyer ordered Ms Ward out of the courtroom and, at her complaint “I didn’t do anything”, said she “nodded and shook your head, I’m not putting up with that”.

Ms Polsoni’s matters were adjourned to September 4 and her bail enlarged.

Courtroom etiquette: Man’s phone searched

As Mr Dwyer spoke, police prosecutor Sheena Gravino called over her colleague Leonie Taufa’ao who then asked the supporters seated at the back of the court gallery whether they were taking recordings.

In Queensland members of the public are barred from recording audio and it is illegal even for media to take photos within a courtroom.

Mobile phones were temporarily taken from two men so police could view whether or not recordings had been made inside the courtroom.

After the mention, they and several others were observed in the courthouse foyer with an officer who inspected the phones, but Ms Gravino confirmed no charges were laid.