Kirsty-Lee Smith in Gladstone court for not giving police access to her phone

A Gladstone barmaid with a history of drug offending has faced court after she refused to give police access to her mobile phone during a raid because she “didn’t want to get other people into trouble.”

Kirsty-Lee Smith faced Gladstone Magistrates Court on May 10, 2023.

A Gladstone barmaid with a history of drug offending has faced court after she refused to give police access to her mobile phone during a raid.

Kirsty-Lee Smith, 33, pleaded guilty in Gladstone Magistrates Court on May 10 to a charge which related to not giving police access to information stored electronically.

Police prosecutor Sergeant Merrilyn Hoskins said Smith did not give police the pin for her phone during their investigations.

The court heard police made the order while executing a search warrant at a New Auckland residence on February 27.

“She refused to give that (pin) - she said she didn’t want to get other people into trouble,” Sgt Hoskins said.

Sgt Hoskins said this legislation was enacted because people would use their devices to set up drug sales.

“By not disclosing the pin, they may be hiding trafficking, selling of drugs, producing,” Sgt Hoskins said.

“And the very statement that the defendant has made that she didn’t want to get other people into trouble, would indicate that if the defendant had disclosed that information, other people could be brought before the court and dealt with, with respect to the other matters brought to light, to stop the use of dangerous drugs in our community.

“This defendant has chosen not to comply.”

Sgt Hoskins told Acting Magistrate Mary Buchanan that Smith’s criminal history “had serious drug offending on it” and she had previously been given fines, probation and terms of imprisonment for drug offences including production and possession.

“In my submission, the use of the defendant’s phone is enabling her to acquire the drugs at the very least,” Sgt Hoskins said in relation to the latest offence before the court.

“The phone is allowing her to speak to, make that contact with, people that give her drugs and that could be what she means by she doesn’t want people to get into trouble.”

Sgt Hoskins submitted that Smith’s phone be forfeited and a term of two months’ imprisonment imposed, suspended for 12 to 18 months.

Solicitor Rio Ramos said Smith was a single mother who was currently working as a bar attendant six days a week.

Ms Ramos said Smith was now “clean” of drugs and had “turned her life around”.

Ms Ramos said the house where police executed the search warrant was Smith’s friend’s house.

“She (Smith) understands the severity of not providing her pin code,” Ms Ramos said.

“In terms of (the prosecution’s) allegations about drug use, it wasn’t illicit drug use that she was worried about - it was actually, she was worried about police locating some messages from her ex-partner, that was all.”

Before handing down penalty, Ms Buchanan said this type of offending was seen as serious offending and Smith had been “hiding something”.

Ms Buchanan sentenced Smith to three months’ jail, wholly suspended for an operational period of 15 months.

Smith’s phone was forfeited to the Crown and a conviction was recorded.

Originally published as Kirsty-Lee Smith in Gladstone court for not giving police access to her phone