Elizabeth Tobin: Appeal against assault, resist arrest convictions dismissed
A woman who attacked two people in an incident she can’t recall, has told the court she was the “least racist person on this earth”, despite shocking footage of her arrest revealing a torrent of racist abuse towards police.
Illawarra Star
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An Illawarra mother who compared herself to murdered African-American George Floyd tried to blame everyone except herself during a recent failed appeal in the District Court.
Elizabeth Anne Tobin, 49, was convicted of common assault, assault occasioning actual bodily harm, resisting arrest and assaulting a police officer after a hearing in Wollongong Local Court in August.
The court heard how a “gathering to do jigsaws” at a Port Kembla address in November 2020 descended into violence with Tobin biting a woman and yanking the hair of a teenage girl.
Police body-worn camera footage was played during the hearing which depicted a drunken Tobin unleashing a tirade of abuse towards the officers including “That little 17-year-old b**** knocked my teeth out” and “You’re an arrogant f***ing a*****e”.
When giving evidence, Tobin, who is an Indigenous woman, claimed police mocked her by saying “I can’t breath” and were “having a dig at her culture” in the wake of Mr Floyd’s murder in the USA which occurred six months prior to this incident.
Magistrate Robert Walker sentenced the former Department Communities and Justice employee to an 18-month community correction order which required her to undertake a program about alcohol and substance abuse.
Tobin lodged an application for an all grounds appeal in District Court with Judge Andrew Haesler also allowing her request for fresh evidence – namely an additional body-worn video – to be played.
The footage showed more of Tobin’s shocking behaviour as she was put into a police paddy wagon.
“You’re an ugly little white c**t,” she could be heard screaming as she resisted arrest.
The officer replied “This doesn’t have to be like this” and she yelled back “Who did I assault you ugly white c**t?”.
“Is that the best you’ve got you little white p**f,” Tobin continued.
In court, Tobin claimed she was “the least racist person on this earth”, adding she is “not condoning” her behaviour which she said was due to being kicked in the back of the head by one of her victims.
The woman also took aim at the police who she said “withheld information”, her former lawyer Rob Davies and Mr Walker who “would not let” her have a “fair trial”, and the media.
“I haven’t been able to get a solicitor in and around Wollongong and I strongly believe it’s because of the defamation of Dylan Avery (sic),” Tobin said, while pointing towards the writer of this article.
Tobin submitted medical reports she said supported her claims she was the victim while repeatedly telling the court she could not remember anything other than being kicked in the back of the head and being beaten by police in the paddy wagon.
Judge Haesler said the medical reports indicated “nothing consistent with a kick to the head”.
“With the greatest of respect to the appellant,” he said. “There is one obvious answer to this problem. The appellant has no real memory of that night.”
“She has reconstructed the events by saying ‘I could not have done those things and I did not do those things’ and I understand that, but it cannot support her case.”
Tobin interjected as Haesler handed down his decision, lifting a photo and saying “That’s my jawbone shattered”.
“The appeal is dismissed,” the judge continued.
Tobin then queried whether she still needed to report to community corrections three times a week, however, she was advised she did not require supervision.
“All you have to do is be of good behaviour,” Judge Haesler said, before removing the requirement she seek specialist medical treatment given she already had.