A coronavirus conspiracy theorist dragged out of her car in a dramatic arrest wants a charge against her dropped because police listed her gender as male.
Eve Black, aka Eugenia Limberiou, was arrested by police who smashed her car window in July last year after she allegedly refused to give them her name and address.
She had earlier come to Victoria Police attention after filming herself driving through a police roadblock. She faced Melbourne Magistrates Court on Tuesday by phone from Brisbane.
Black was not legally represented, but had a friend appear in support, claiming he had a 20-year background as a paralegal and was "rather familiar with how these things work".
The man gave his name as Zeb Secured Party Creditor, and claimed he had changed his name through "uniform commercial code filings".
He asked the magistrate to discharge the matter because of some "very incorrect filings".
"For a start, Ms Limberiou has been listed as a male, which clearly isn't the case," he said.
"That's the first major error."
He later apologised when a loud squawk interrupted proceedings.
"Sorry, that's my parrot," he said.
Mr Secured Party Creditor argued the charges also alleged Black had refused to give her name and address, and stated a false name and address.
But he said statements from officers at the scene said she had given her correct details.
In court documents police allege Sergeant Matthew Davey made repeated requests for Black to give her name and address and hand over a driver's licence.
"She was argumentative and uncooperative, and wound up the window and locked the door, refusing to acknowledge or respond to police requests," it's alleged.
The sergeant said he told Black if she refused to comply with the request they would forcibly enter her vehicle and that he shattered her driver's side window after she refused.
Friend requests a non existent plea
"The accused (was) then removed from the vehicle, handcuffed and arrested," it's alleged.
"After a short time the accused provided her name and provided an address."
Mr Secured Party Creditor asked judicial registrar Alison Paton to grant a "plea in abatement" which he said could allow the matter to be discharged, or for matters to be corrected.
He said there were "false claims, misleading charges and incorrect information pertaining to her identity".
But Ms Paton said a plea in abatement wasn't something that existed in the court and said it seemed as if Black wanted to plead not guilty.
Mr Secured Party Creditor rejected that.
He also argued against details of the allegations being released to the media, claiming Black had a right to privacy.
"She's copped enough by the media in the past 12 months since this started," he said.
"There's no consent for any media or public outlets to access any information or to tarnish her good name in the media any further."
The case was adjourned for a conference with prosecutors on July 1.
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