Zoe Buhler: Ballarat anti-lockdown mum to fight charge of incitement

A pregnant Ballarat mum accused of inciting others to protest Victoria’s strict lockdown measures will “energetically” fight her charge.

Zoe Buhler, 28, is charged with one count of incitement.

A pregnant Ballarat mum accused of inciting others to protest Victoria’s strict lockdown will “energetically” fight her charge after failing to strike a deal with police.

Zoe Buhler, 28, is charged with inciting others to breach the state’s stay-at-home directions by allegedly using social media to organise an anti-lockdown “freedom day” rally.

Ms Buhler faced the Ballarat Magistrates’ Court via video link on Thursday, where defence barrister Hugo Moodie said his client had failed to reach a resolution with police over the case.

An offer of diversion was made at an earlier court appearance.

“Ms Buhler intends to energetically fight the charge against her,” he said.

Mr Moodie asked that the next court date be brought forward as Ms Buhler is due to give birth to her third child on April 20.

Mr Moodie said his client also wanted her mobile phone back, which was still being kept by police after they seized it at the time of her arrest, arguing enough time had passed for the contents on it to have been downloaded.

“She lost her job in the lockdown and can’t afford a new phone,” he said.

He said Ms Buhler had admitted to creating the post on Facebook, but did not say why the charge was being challenged.

Police prosecutor Senior Constable Steve Repac said the request had been received, but the phone was still required as it is believed to have been used to create the post by Ms Buhler.

Mr Moodie argued the wait for a future hearing could be “considerable” and that Ms Buhler “would like her phone back” as she did not have another.

Magistrate Letizia Torres said the issue of whether the phone would be returned could be decided the next time the case was before court, where police could argue to keep it if they still required it for evidence.

When asked by Ms Torres if the next proposed date suited her, Ms Buhler replied: “yeah that sounds fine”.

Her arrest was livestreamed on Facebook by her partner after she was placed in handcuffs while wearing pyjamas, in front of her two children, at her Miners Rest home in September last year.

Ms Buhler, who is on bail, will return to court on March 26 for contest mention.