A man accused of striking a police horse during Sydney’s anti-lockdown rally is refusing to undergo a coronavirus test in jail, thereby blocking his path to freedom, a court has been told.
Kristian Pulkownik, 33, was arrested after he was photographed allegedly punching a horse during Saturday’s “Rally For Freedom” where some of the 3500 protesters clashed with police.
He was arrested at his Surry Hills home on Saturday evening and charged with affray, joining or continuing in an unlawful assembly, committing an act of cruelty upon an animal, and breaching a Covid-19 restriction.
He has yet to enter a plea to the charges
He was photographed in a yellow shirt with “Free Speech” on the front, with police alleging he struck the animal during the incident.
He has been in jail on remand ever since, and his lawyers claim their efforts to apply for bail on his behalf are being stymied because they are being blocked from talking to him on the phone by jail staff.
He was due to appear in Sydney’s Central Local Court on Thursday but did not appear via audiovisual link because he was in isolation in Parklea Correctional Centre.
His barrister Hollie Blake told the court that Mr Pulkownik had been continually blocked by NSW Corrective Services from speaking to his solicitor Tony Nikolic.
However, magistrate Mark Richardson read a note from Parklea Correctional Centre that said Mr Pulkownik was being kept in isolation because he had attended the rally and was therefore at risk of having contracted coronavirus.
“Your client is refusing to be tested, your client is in custody and a risk to others as he could be Covid positive and is in isolation,” Mr Richardson said.
“And they are not prepared to put him on screen.”
Mr Richardson said he could not order Corrective Services to provide Ms Blake with access to Mr Pulkownik and suggested she apply to the NSW Supreme Court if she took issue with the lack of communication.
Mr Pulkownik is scheduled to appear again in court in two weeks when his lawyers are set to make a bail application.
Outside court Mr Nikolic said he had one five-minute phone call with Mr Pulkownik, but that was not enough time to gather enough information for a bail application.
“This isn’t about anything other than a lawyer having access to his client,” Mr Nikolic said.
Mr Nikolic described it as a “sad day” for the justice system.
“The fact perhaps Covid may be an issue, I’m sure we’ve got the technology out there these days to get a telephone in a plastic bag, wipe it down,” he said.
“The standard minimum rules according to the United Nations, or the Mandela rules, which provide that people do have a right to legal representation and their dignity should be respected.”
https://news.google.com/__i/rss/rd/articles/CBMikwFodHRwczovL3d3dy5uZXdzLmNvbS5hdS9uYXRpb25hbC9uc3ctYWN0L2NyaW1lL2FsbGVnZWQtaG9yc2UtcHVuY2hlci1yZWZ1c2VzLWNvdmlkLXN3YWItdGVzdC1pbi1jdXN0b2R5L25ld3Mtc3RvcnkvYWFiMGVjMmE5NGQzNGE2NTkwMmM2NWUyOGUyMjNjZjDSAZMBaHR0cHM6Ly9hbXAubmV3cy5jb20uYXUvbmF0aW9uYWwvbnN3LWFjdC9jcmltZS9hbGxlZ2VkLWhvcnNlLXB1bmNoZXItcmVmdXNlcy1jb3ZpZC1zd2FiLXRlc3QtaW4tY3VzdG9keS9uZXdzLXN0b3J5L2FhYjBlYzJhOTRkMzRhNjU5MDJjNjVlMjhlMjIzY2Yw?oc=5
2021-07-29 02:40:20Z
CBMikwFodHRwczovL3d3dy5uZXdzLmNvbS5hdS9uYXRpb25hbC9uc3ctYWN0L2NyaW1lL2FsbGVnZWQtaG9yc2UtcHVuY2hlci1yZWZ1c2VzLWNvdmlkLXN3YWItdGVzdC1pbi1jdXN0b2R5L25ld3Mtc3RvcnkvYWFiMGVjMmE5NGQzNGE2NTkwMmM2NWUyOGUyMjNjZjDSAZMBaHR0cHM6Ly9hbXAubmV3cy5jb20uYXUvbmF0aW9uYWwvbnN3LWFjdC9jcmltZS9hbGxlZ2VkLWhvcnNlLXB1bmNoZXItcmVmdXNlcy1jb3ZpZC1zd2FiLXRlc3QtaW4tY3VzdG9keS9uZXdzLXN0b3J5L2FhYjBlYzJhOTRkMzRhNjU5MDJjNjVlMjhlMjIzY2Yw
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