She refused to enter pleas to the charges last July of refusing to accompany police, failing to give a name and address, failing to stop when required and when followed by police, and for resisting police.
Gordon ended up with a broken scapula (shoulder blade) during the arrest, because of how strenuously she resisted arrest.
After she refused to enter pleas Judge Jo Rielly entered not guilty pleas on her behalf and remanded her on bail to a case review hearing in September.
Gordon appeared in court last month for a defended hearing concerning the events of last July but things didn’t go so well during the hearing and she was eventually placed in custody and cited for contempt while Judge Rielly went on to find her guilty on all charges, in her absence.
The following day Gordon was sent to prison for 21 days for conduct described as being “more rude than earlier”, and after accusing Judge Rielly of “lying and embellishing”.
The checkpoint
It was just after 8pm on Wednesday, July 5 last year, when Gordon approached a police breath alcohol checkpoint in central Nelson in her Audi vehicle.
The police summary of facts said she was seen to stop just short of the checkpoint, but when police approached on foot, she drove forward, ignoring requests to stop.
Gordon then drove straight through the checkpoint and onto a main road, followed by the police who had activated their lights and siren.
The summary of facts said she again ignored requests to stop and turned left into a road leading up to Nelson’s Port Hills before she turned into a dead-end cul-de-sac.
Police continued to follow her with lights and siren activated, then placed their car in the centre of the road to stop her from driving away as they said she tried turning around in the cul-de-sac.
Gordon then drove forward towards the police; and reversed at speed into a bank before driving forward at the police again.
They approached Gordon and asked her to get out of the vehicle but she locked the doors before refusing to undergo a breath test or accompany police for an evidential breath test.
The police summary of facts said Gordon continued to be unco-operative and resisted the police and was subsequently pepper sprayed and arrested.
“The defendant went completely limp, refusing to comply with any directions or assist with getting into the patrol vehicle,” the summary said.
Once she was in the police vehicle Gordon tried to get out by kicking at the police. She then refused to give her name, date of birth and was warned of the consequences of failing to do so, but the police said she still refused.
Gordon was then taken to the Nelson police station where breath and blood alcohol procedures were to have been carried out, but she refused a police officer’s request for a blood specimen to be taken.
She was said to have told the police she “did not consent or recognise New Zealand police authority” and said it was a “paper crime”, that she had been out having a good time and had drunk two glasses of wine with a group of people which was why she didn’t stop for the police.
Judge Rielly took into account the consequences of Gordon’s actions so far, including the costs to her from her vehicle being impounded, having had her licence suspended for 28 days, and her ending up in custody which wouldn’t normally arise from driving offences.
She said while it was a “great shame” that Gordon had been injured during her arrest it was no surprise it happened because of the degree to which she had resisted.
A potential fine of $800 on the most serious offence of refusing blood was reduced to $500 plus court costs. Gordon was also disqualified from driving for six months.
On the charge of failing to stop she was fined $150, and on a second charge of failing to stop she was fined $200.
For refusing to accompany police she incurred a $150 fine, failing to give information a $200 fine and resisting police, a $300 fine.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.
