No plea, no sympathy: Breath test rebel's stubborn stance

Ivan Bortic, right, leaving the Maroochydore Magistrate's Court with a woman.
Ivan Bortic, right, leaving the Maroochydore Magistrate's Court with a woman. Kathy Sundstrom

IVAN Bortic's plans to "speak and be heard" over why he shouldn't be charged on two counts of refusing a breathalyser test were quickly silenced by a magistrate.

A smartly dressed Mr Bortic first told a police prosecutor in the Maroochydore Magistrates Court he wanted to "speak and be heard" instead of entering a plea for the alleged offence on January 29.

But when he finally got his turn before Magistrate Haydn Stjernqvist, he wasn't given much opportunity to elaborate or highlight any of his counter claims in his lengthy 29-page document he had sent to the court.

In this document, Mr Bortic claimed he held in custody for seven hours and asked the police service for compensation to "the Living Man for suffering harm".

This was determined by him as "one troy ounce of 24 carat gold per 15 minutes", which equates to about $39,141.


Ivan Bortic is challenging his refusing to provide a breath test charge.
Ivan Bortic is challenging his refusing to provide a breath test charge. Facebook Ivan Bortic

When Mr Bortic fronted the dock, he tried to put his case to the magistrate.

"Morning your honour, firstly I'd like to apologise for this controversy brought before you," he said.

Mr Stjernqvist quickly responded "don't talk to me".

He asked Mr Bortic if he had sought legal advice and he said "yes some".

He then questioned if Mr Bortic was "going to start reading something about the Magna Carta".

This is a charter dating back to the 13th Century.

Mr Bortic said with "full respect, I am here because my rights have been infringed on".

Mr Stjernqvist asked if on, January 29, without reasonable excuse, he refused a direction by police to produce a driver's license and if he understood the charge.

Mr Bortic responded with "no, I do not".

Mr Stjernqvist read the same charge again and asked the same question.

Mr Bortic gave the same response adding he "hadn't seen the foundation of evidence".

Mr Stjernqvist told Mr Bortic to "listen don't talk" and that he would enter a plea of not guilty on his behalf.

"You can take part or not, I'm giving you one more chance," Mr Stjernqvist said.

"On January 29 you were stopped by police, you were driving a vehicle I presume, you were asked to produce a driver's licence, you were also asked to provide a specimen of breath at the road and you failed to do that. You were taken back to the station and you were again required to provide a certificate of breath.

"The certificate says you refused. How do you plea."

Mr Bortic said he couldn't make a plea as "I haven't seen the evidence".

But Mr Stjernqvist asked "what do you want to see?"

He checked with Mr Bortic and the police prosecutor he had the relevant legal forms which detailed the facts.

But Mr Bortic said "the facts are incorrect your honour".

He said his "basic human rights were infringed upon on the day in question".

Mr Stjernqvist said: "You want to talk about everything but this. You have several pages of material you want to read the court. It's not going to happen.

"You won't answer a basic question whether you are pleading guilty or not guilty

"It can get adjourned six times and you will still do this

"I've rendered a plea of not guilty for you and adjourned the date by two weeks

"A hearing date has been set for these charges."

Mr Bortic asked "how do you plead to false charges" and then he tried to explain to the magistrate about the "police powers and responsibility act to respect the Common Law".

"When approached by the officer I stated clearly had concerns," he said.

But Mr Stjernqvist again silenced him.

"You don't consent to be charged, you don't consent to being here, you won't hand over your licence like every single driver in the world has to. You are different are you?

"Well you are not. And on April 12 you will be back here."

Mr Bortic declined to comment outside the court.

Topics:  breathalyser editors picks ivan bortic

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