Magistrate says that alleged thief was ‘entitled’ to run from police as she had not been arrested

South Toowoomba woman copped a lucky break in Holland Park court after magistrate questions the charge before him.

A HOLLAND Park magistrate has refused a guilty plea for obstructing police, telling the police prosecutor that the defendant was "perfectly entitled to run away from police" under the circumstances.

South Toowoomba woman Shanele Anne Hayward, 21, was charged with stealing and obstructing police on January 3 after she and a friend allegedly stole $1880.80 worth of goods from department store David Jones at Westfield Garden City in Upper Mount Gravatt.

When police located the pair a short time after the alleged stealing, they witnessed an attempt to stash the shopping bags in a garden, Holland Park Magistrates Court heard.

Ms Hayward then allegedly took off, running 60m down Logan Rd with police on pursuit before she was caught.

Magistrate Simon Young questioned how this was obstructing police.

Police prosecutor, Sergeant Ellen French, argued that her attempted evasion made police investigation "more difficult" and that police were shouting at her to stop.

Mr Young did not buy the argument.

"So? She hasn't been told she's under arrest or detained for any reason... (she's) perfectly entitled to run away from police," he said, concluding that he was "not satisfied" the elements of the offence had been made out by the prosecution.

The charges have been adjourned to February 24 for Ms Hayward to seek legal advice.

Originally published as Magistrate says that alleged thief was ‘entitled’ to run from police as she had not been arrested