Zoe Lee Buhler and James Timmins vow to fight incitement charge after ‘excessive’ protest plan arrest

The pregnant Ballarat woman arrested in her home after planning an anti-lockdown rally says she wasn’t aware she was committing a crime because she did not watch the news and only wanted to stand up for human rights.

The pregnant Ballarat woman charged for organising an anti-lockdown rally says she had a “blonde bimbo moment” and isn’t well informed. 

Zoe Lee Buhler, 28, was charged with incitement and will face court in January over her planned protest for Ballarat on Saturday.

“I’m worried about what this is going to do stress-wise to the baby,” she said.

“I’m just trying to stay as calm as possible, it’s all very overwhelming.”

Her partner James Timmins, 21, told The Ballarat News he feared for his unborn baby’s life as police led her away.

“(It was) very scary, and as they took her away, that’s all I could think of, I hope she’s OK, the stress, she could miscarry and it’s very scary,” he said.

“She wasn’t trying to run away, I don’t see why they had to use that excessive force, it wasn’t fair I don’t think.

“It was very forceful and intimidating.”

The couple have both had their phones seized by police and Ms Buhler has been banned from using social media.

Ms Buhler said she wasn’t aware mass gatherings or protests under stage 3 restrictions were illegal. 

“I wasn’t trying to break any laws … I just care about people and wanted to stand up for human rights,” she said.

“I wasn’t aware that I was committing a crime, so I don’t see it fair I be convicted or anything.

“I had a bit of a blonde bimbo moment, I don’t watch the news so I’m not 100 per cent informed.”

Ballarat woman Zoe Lee Buhler was arrested for inciting a lockdown protest planned in Ballarat this Saturday. Source: Facebook.

They have vowed to fight the charge, and have been contacted by lawyers offering to represent Buhler pro bono.

“A couple had contacted me over Facebook and couple of other ones had contacted Zoe’s mother,” Mr Timmins said.

“A lot of people are getting on Zoe’s side … a lot of people think it’s unfair so hopefully we get a bit of justice out of this.

“She could even go to jail, that’s crazy.”

Ms Buhler said she wasn’t allowed to comment on the planned protests because of her bail conditions.

“I think under the circumstances I reacted pretty calmly, obviously I was quite upset … everything in me wanted to go flight or fight mode and just run from them, because I didn’t know these people were,” she said.

“Everything happens for a reason, I’m a big believer in that, it’s overwhelming and it’s very scary.”

Assistant Commissioner Luke Cornelius has defended the arresting officers.

“They were polite, they were professional,” he said.

“Our members did everything they could to assist this individual with her concerns.”

Mr Cornelius said police did not discriminate when making arrests but admitted the “optics” of arresting a pregnant woman “did not look good”.

Liberty Victoria senior vice-president Sam Norton said the organisation was “deeply concerned” about reports of the arrest.

“It has been reported that the apparently pregnant woman was arrested and handcuffed in her own home in the presence of her young children because of a Facebook post. One that she offered to take down during the police raid To describe this approach by police as heavy handed is a gross understatement,” he said.

“The prospect of pre-emptive arrest and the laying of criminal charges to prevent engagement in peaceful protest is a disturbing development – irrespective of the current state of emergency. This is a free democracy in which we live – not a police state.”

POLICE UNION BOSS BACKS OFFICERS’ ACTIONS

Police Association Secretary Wayne Gatt has also stood by police who arrested Ms Buhler, saying “ignorance is not a defence” for crime.

“I have watched the video from start to finish and I can’t point to a single thing that our members have done incorrectly,” he said.

Mr Gatt the search warrant was sanctioned by the courts and officers explained to Ms Buhler why she was being arrested and cautioned her of her rights.

He added Ms Buhler was removed from handcuffs within five minutes once police secured the scene.

“You can’t imagine the sort of situations our members are confronted with when they are executing search warrants. The need for securing offenders until such time that they know the scene is safe and secure is an essential part of police work,” he said.

Mr Gatt said Ms Buhler would have to be “living under a rock” not to know she was committing an offence by organising a protest.

“Ignorance is not a defence to any crime in this country,” he said.

“The time for these excuses is up and I don’t think too many people in the community would buy that assertion.”

He urged the public to comply with lockdown restrictions to enable Victoria to return to normality as soon as possible.

– Aneeka Simonis

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