Man used daughter as a shield to avoid police
A MAN allegedly used his disabled daughter as a shield to prevent police from arresting him.
On July 23 last year police went to a Mt Pleasant residence to locate Danny James Saw, who was wanted for questioning by Mackay detectives over serious allegations.
Three officers went to the home. Saw is accused of serious assault against police after he allegedly spat at one of the officers.
Senior Constable Christopher McMahon, who gave evidence during a committal hearing in the Mackay Magistrates Court, said he asked Saw multiple times to voluntarily attend the police station but he refused, so he entered the home to make an arrest.
Saw was "using his disabled daughter as a blocker" and said he couldn't attend the police station because he had to look after her, Snr Const McMahon said.
"(He) stated he hadn't committed these offences that he was accused of," he said.
The court was told a struggle resulted between Saw and Snr Const McMahon, to which the two junior officers rushed to assist.
Snr Const McMahon said he heard Saw make "hocking" noises in his throat.
"He made a noise in his throat and you thought he was going to spit?" defence solicitor Phillip Moore, for Morton Lawyers, asked.
It was at this time, it has been alleged, that Saw spat at Constable Michael Foreman.
"I don't believe it struck me... I saw spittle on the wall after that," Const Foreman said.
Mr Moore put it to Const Foreman that Saw might have been clearing his throat.
Const Foreman accepted that a person can make a "hocking" noise without spitting.
Mr Moore also suggested that spittle could have come from Saw's mouth while he was yelling.
None of the three officers used a digital recorder during the visit or arrest, the court was told.
The matter was committed to the District Court in Mackay.