Jessica Blinda Polsoni granted second bail, must answer to names of Hanbury or Polsoni in court

A mum charged with her tiny daughter’s murder has been released for now after a judge found she was wrongly locked up over “pseudolegal” court rants.

North Mackay parents Jessica Polsoni and Adam Hanbury have been charged with murder over the death of their two-year-old daughter, Diana.

A Mackay mum accused of murdering her youngest daughter has been granted bail for the second time after Queensland’s highest court found she had been wrongfully arrested.

Jessica Blinda Polsoni was listed to appear in Mackay Magistrates Court in June, however she would not acknowledge the name on the court list.

Instead she began spelling her name as Jessica Hanbury, exercised her right to “self-determination” and said that she was invoking international law.

As a result Magistrate Damien Dwyer forfeited her bail and ordered her arrest.

Jessica Blinda Polsoni was arrested when she left the courtroom. Picture: Zoe Devenport

Ms Polsoni and her husband Adam Joseph Hanbury are charged with one count of murder over the death of their two-year-old daughter Diana Hanbury in 2022.

No pleas have been entered.

Police allege Diana, who is the youngest of six children, was already dead when Ms Hanbury took her to Mackay Base Hospital about 8pm December 29.

They further allege the young girl had been unwell in the days before she was taken to the emergency department where hospital staff tried to resuscitate her and that Mr and Ms Hanbury, who moved to Mackay in 2020, neglected to get her appropriate medical attention in the lead up to her death.

A court recently heard the mother was arrested under the name of Polsoni but had previously been granted bail as Hanbury.

Jessica Polsoni and Adam Hanbury are both facing murder charges following the death of their child, 2. Picture:

As a result a friend of Ms Polsoni, Heidi Ward, attempted to file a “writ of habeas corpus” alleging Ms Polsoni’s bail “was wrongfully forfeited, and warrants wrongfully issued” because she had been present in court, but just identifying by her married name.

Chief Justice Helen Bowskill, who presided over the matter, said “the documents do not make sense”.

“It was not possible to understand what the issue was, until the further information about what transpired... became available,” she said.

As a result Chief Justice Bowskill determined Mr Dwyer was not correct to find Ms Polsoni had failed to appear, as she was physically in front of the magistrate at the time and date she was expected to be.

“The fact that she did not, or would not, acknowledge that she was [Ms Polsoni], does not mean that she did not ‘appear’,” she said.

Magistrate Damien Dwyer issued an arrest warrant for Ms Polsoni when she refused to answer to her name in court.

Describing Ms Polsoni’s ‘pseudolegal’ arguments as on the lower end of the scale, Chief Justice Bowskill said there were far more irrational examples regularly experienced in court which wasted the time of busy magistrates.

“But courts have to deal with all manner of difficult people, and have to find a way to manage them, consistent with the rule of law,” the judgement notes.

Jessica Polsoni was first taken into custody on February 7 before being granted bail.

“Although the magistrate would not accept that [Ms Polsoni] had appeared, unless she acknowledged her name ... he seemingly assumed she could be arrested as

[Ms Polsoni] as soon as she went outside,” Chief Justice Bowskill said.
The Chief Justice noted there was an inherent inconsistency in the idea the court did not accept Ms Polsoni was the person in the courtroom but did accept she was the person walking outside to be arrested.

A certiorari order was made to set aside the decision to issue the arrest warrants, and Ms Polsoni was released on bail with an additional condition.

She must appear and surrender into the custody of the court if either the names of Polsoni or Hanbury are called.

Originally published as Jessica Blinda Polsoni granted second bail, must answer to names of Hanbury or Polsoni in court