Details

6 April 2022

Driving home from work in my Prado & while towing my trailer down Yokine Drive. I was in the left-hand lane, driving over a hill, while a blue car was behind me, I believed it to be a Yaris.
While I was just approaching the hill, the Yaris went to overtake me as I could see in my rear-view mirror that he was speeding, & while overtaking me, I saw he was driving erratically. As I came over the hill & was on the down slope I could see traffic wardens & I went to slow down as I was approaching a school zone. The Yaris turned right, I believe, off Yokine Dr.
I passed the school zone & while passing I could see the police come out & directing me into a car park.
I pulled in & Gigi Parker came to the left-hand side of my vehicle. I then asked “was I speeding” because I had slowed down, but I was not sure if I had done so in enough time, due to the Yaris that had been in my vision at the hill.
She said, “I was but not by much”. I gave my license to the police officer & pulled into the side while my license was being checked. She said my license was suspended which I was unaware if & also my trailer was unlicensed, to which I was also unaware of.
She said “that I would get a fine, but the trailer being unlicensed, she would leave it go. I was disappointed, as I did not want any fines due to my previous history with fines (that were not mine with vehicles).
She said she would get my license and I was then free to leave. I was watching in my rear-view mirror & I saw them take out some screen. She was talking with the other officer.
She then returned with my license & said “that I could not leave as she had to take my DNA”. I looked thinking this was a joke as I had never heard of this before, & I felt something was very wrong here. I asked her for what & she said because I had missed a fines enforcement payment.
I said that she was not taking my DNA & she said I had to give it or I would be arrested. I said I was not giving my DNA & the other Police officers came & we started talking. Mark Smith said that my DNA had to be taken & I refused again. He then phoned his superior & another 3 police arrived. I had phoned my friend & a lawyer to see what was going on with this.
I then started to record the proceedings of police & have video to prove the sequence of events where I was threatened.
The police officer Mark Smith then took an alcohol test & as per breathalyser I went to take the plastic off the machine for hygiene & covid reasons. He refused & took the plastic & put it in his car. I was then really worried & in a state of shock, what was happening? It just didn’t make any sense.
Then the police put me into a Police car lock up & brought me to the Mirrabooka Police Station. They intimidated me & against my will, & consent put handcuffs on me & took my DNA. It felt like I was being raped & I cried, & had tears in my eyes.
The male officer who seemed like a nice guy, was nervous, regarding what was happening.
It has caused me severe anxiety & distress that this could be done to me, or anyone for that matter.

Minimize intimidation & heavy handedness. Also respect & value people’s rights.

Information from Gallant Law website:

Do I have to give a DNA sample?

If police ask for a DNA sample, you can decide whether or not you consent. If you are under 18, a responsible adult can consent or refuse on your behalf.

If you don’t consent, you can still be required by law to provide a sample if:

you are suspected of or charged with committing an offence that has imprisonment for 12 months or longer as a possible penalty, or
you’ve have been convicted of a serious offence in the last 6 months.

In March 2019, the Victorian Government passed the Bill to help police ‘crack down on crimes’, citing some 55,000 DNA profiles that are currently held and do not match any profiles. Since then police have been given powers to take DNA samples from adult and juvenile suspects without a court order, even when the suspect does not consent to DNA sampling. This applies to people suspected of having committed an indictable offence, charged with an indictable offence or summoned to answer a charge for an indictable offence.

Having said that, police can’t just go taking DNA samples at any time. The legislation requires that police are ‘satisfied that the taking of a sample is justified in all of the circumstances.’

Only certain crimes are ‘DNA sample offences.’ These include carjacking, dangerous driving causing death and stalking.