Roxanne Phoenix: Oxana Kriss in court over Covid protest
A homeschooling Youtuber has become one of the first people to face court over last week’s statewide Covid protests. She told a court she only resisted police as she was ‘claustrophobic’.
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UPDATE - OCTOBER 11 2021
A woman who lashed out at police as they arrested her at a Sydney lockdown protest has had the most serious charge against her dismissed on mental health grounds.
Roxanne Phoenix was charged with attending an unlawful gathering in an area of concern, failing to comply with Covid public health orders, refusing to comply with police and resisting police after she attended a lockdown protest at Rockdale Town Hall in September.
A court previously heard Phoenix struggled with police arresting her at the gathering because she is claustrophobic and was afraid of being placed in the police truck.
At Sutherland Local Court on October 8, Magistrate Brett Thomas dismissed the charge of resisting police under the Mental Health Act.
However, Mr Thomas declined to dismiss the other three charges under Section 14 and instead convicted Phoenix of all three with no further penalty.
"We've been inundated with these sorts of cases," Mr Thomas said.
"The warnings and infringements from the police at the time in August was pretty bad in terms of people not complying."
EARLIER - SEPTEMBER 7 2021
A law school graduate with a Masters in Human Rights Law who was arrested at a Covid lockdown protest said she only resisted police because she was claustrophobic and afraid of being put in the caged truck, a court has heard.
Roxanne Phoenix – also known as Oxana Kriss – was arrested at a Covid lockdown protest at Rockdale Town Hall and charged with four offences, including resisting police, on August 31.
At Sutherland Local Court on September 7, Magistrate Joy Boulos said police would allege Phoenix was asked several times to move on from the protest and failed to do so before she was arrested.
“All she had to do was walk away, she refused to several times, she’s told – walk away, you’re blocking the footpath,” Ms Boulos said.
“As a result of failing to comply, she was placed under arrested and escorted to the police caged truck, she resisted police efforts to place in the back of the caged truck, she’s struggled and she’s kicked out with her feet so she was put on the footpath and placed in handcuffs.”
Video posted by Phoenix herself on social media allegedly depicts her struggling against multiple police officers attempting to usher her into the caged truck near the Princes Hwy in Rockdale.
A solicitor representing Phoenix told the court his client has a claustrophobia diagnosis and was afraid of being placed in the confines of the caged truck.
The court heard Phoenix would seek to have the charges dismissed under a Section 14 mental health application, but would plead guilty if her efforts did not succeed.
“If people just complied with the public health orders, maybe we would be out of these orders by now – the majority of us are adhering to those orders,” Ms Boulos said.
“The resources are very stretched.”
Phoenix was charged with unlawfully participating in an outdoor gathering in an area of concern, not complying with Covid-19 public health orders, refusing or failing to comply with police directions and resisting police in the execution of their duty.
She will seek a dismissal on mental health grounds at Sutherland Local Court on October 1 and she remains on bail in the meantime.
The protest was part of a loosely co-ordinated effort by individuals opposed to vaccination, lockdown, and the government in general to silently protest at various local government buildings.
Phoenix studied law and a Masters of Human Rights Law and Policy at the University of New South Wales, and is now a filmmaker and home school educator.
On her YouTube channel she also talks about how she is part of a “homeschooling vegan family”.
She has also participated in the Red Rebel Brigade, a group of protesters associated with The Extinction Rebellion protest movement for climate change action.
In a video she posted outside Sutherland Local Court while her lawyer tended to her matter, Phoenix said she was “nervous” because she has “zero trust in the government”.