Liz Gunn wins
The High Court has dismissed on appeal the assault conviction against Liz Gunn. Now I’m not a fan of Ms Gunn’s stances on various issues, but the court decision makes clear how outrageous her arrest and prosecution was. From the ruling:
Whilst Ms Gunn was talking to her, C turned to talk to Mr Clark who was on C’s right. C asked Mr Clark to stop filming. At that point Ms Gunn, on C’s left, asked C to identify the legal basis for the request. To gain or regain C’s attention, Ms Gunn said “Excuse me”, and then reached out and touched C’s upper arm.
This is what she was convicted of assault for!
Ms Gunn’s touch was fleeting and to gain C’s attention. Ms Gunn used no greater degree of physical contact or force than was reasonably necessary for that purpose. Accordingly, on the face of Collins, what occurred in this instance was within the bounds of what is considered acceptable, i.e. was not unlawful.
The Judge further says:
What occurred between Ms Gunn and C was trivial. There was no dispute in the District Court, and there is none on appeal, that any offending was at the very lowest possible level.
The question that media should be asking then is why did the Police arrest and charge Gunn? It is hard not to conclude she was targeted for her political beliefs and activism. Has anyone else ever been arrested by Police for touching someone on their arm to gain their attention?