A MAGISTRATE was told yesterday the belligerent behaviour of Lavington man Samuel James Cairns towards police when stopped last November stemmed from previous “bad experiences” with officers.
His solicitor, Jason Hanke, conceded in Albury Local Court that Cairns’ attitude left a bit to be desired.
Mr Hanke suggested the actions of police inflamed the situation and led to Cairns being forced to the ground and receiving a short burst of capsicum spray.
But magistrate Tony Murray said he rejected any suggestion the police acted inappropriately.
“If he (Cairns) had basically shut up and complied with police directions, he would not be here today,” Mr Murray said.
Cairns, 22, of Prune Street, pleaded guilty to two counts of resisting arrest.
He was convicted on each by Mr Murray, put on 12-month bonds and fined $400.
Cairns was driving in Lavington about 9.15pm on November 4 when police stopped him for a random breath test.
He had a hooded jumper pulled over his head, refused to turn the car stereo down or talk to police.
It appeared as though he was trying to conceal his face or avoid eye contact.
When asked to get out of the car, Cairns began swearing, paced erratically behind his vehicle and was evasive.
“I don’t have to listen to you,” he told police.
Attempts to calmly communicate with him were met with aggression and Cairns was told to step away from the car.
He walked out on to Urana Road, refused to move back to the kerb and an officer took hold of his wrist.
Cairns began throwing his arms around and was pushed back to the nature strip by an officer.
An attempt was made to arrest him, but there was a violent struggle.
Police used knee strikes in a bid to control him before a burst of capsicum spray was used.
Cairns was handcuffed and once he settled down was given a court attendance notice.