Just because police are incompetent does not mean they are being malicious – Ross Mack SM, Regional Coordinating Magistrate, Magistrates Court (28 July 2008-).
The former Crown prosecutor in Townsville, Ross Mack, said these words because the police prosecutor was unable to provide to the defence the statement and body worn camera video evidence of a key witness Senior Sergeant Kirsty Schmidt in the mayhem on May Day when police went rogue against a couple of retired unionists and their younger union sisters and brothers.
The title ‘Absence of Malice‘ refers to one of the defences against defamation. It is used in journalism classes to illustrate the conflict between disclosing damaging information and the public’s right to know. In this case police officers are claiming that they were defending the premier against a ‘breach of the peace’, that being unionists heckling yesterday’s man, Stephen Miles. Our complaint. The premier was assisting the genocide in Gaza.
The defendant has appeared in court on eight (8) occasions without any real prospect of going to trial. This is one year after events at the 2024 Labour Day stage that gave rise to two charges of assault police. In a classic maneuver, police charged the defendant with assault having themselves assaulted a retired union member.
I just stood my ground and tried to prevent police from hurting my comrade.
I was part of an authorized public assembly of unionists protesting Israel’s genocide in Gaza. The defendant (that’s me) was standing holding a Palestinian flag with my back to the then Premier of Queensland, Stephen Miles, in silent protest at the Queensland government’s complicity in the genocide in Gaza.
For the past two (2) years, the Queensland Government has been providing assistance to Israel by producing bomb parts for Israeli F 35s to drop 2,000 pound bombs on residents of Gaza. Ferra Engineering is the sole supplier for the AME Weapons Adapters that hold and release various bombs from Lockheed Martin’s F-35 jet fighters. They make over 100 essential parts for the F35. Ferra Engineering CEO, Aaron Thompson, personally boasts the support of Stephen Miles for the company and its activities in producing weapons of war. All levels of government provide cover for Israel’s genocide.
Magistrate Mack ran for cover when he realized that police prosecutions were unready to present their case or were just playing dumb because they know the court is stacked in their favour. The magistrate adjourned the matter to give Police prosecutions more time to provide particulars. This is the third time a magistrate has ruled this way. On 29th Jan 2025 Magistrate McCarthy ruled that prosecution was to provide the missing police statement and BWC footage plus particulars before 26 March 2024 to give me time to seek legal advice. This did not happen. On 26 March 2025 Magistrate Nolan made the same order for police to provide the missing material by 11 April 2025.
Alas, this was to no avail. So on 29 April, the prosecutor was unable to produce the video or the statement. So the magistrate adjourned the matter for the eighth time till the 7th of May, one year after police attacked unionists at May Day 2024.
Police prosecutions gave an undertaking in court to provide me with a statement and BWC video by Sgt Kirsty Schmidt by Tuesday morning, 30 April 2025. This, of course, has not happened. The prosecutor said that he would ring me in the morning. This too has not happened.
Of course, there was no malice. The matter was a journey till the 7th of May a Wednesday there was no mention of previous date set for trial on the 13th of May.
Readers can decide for themselves by viewing this video.
Ian Curr
30 April 2025