A drunken chase, a disputed identity: Man challenges breath test charge

A man accused of drunkenly fleeing his car after being pulled over by police has challenged his charge of refusing to submit to a breath test.

Shaun Richard Rowell has disputed the charge of refusing breath analysis at a hearing at the Magistrates Court.

The charge relates to an incident that occurred in Claremont at about 10pm on April 25, 2024, when Senior Constable Matthew Bowden detained Mr Rowell as he was attempting to open the garage of his house.

The officer had moments earlier pulled over a red Mitsubishi ASX that he suspected was being driven by an intoxicated person. The suspect fled the vehicle into a nearby street after being stopped.

The court heard that Constable Bowden began the pursuit but was forced to turn back after realizing he had left the keys in his unlocked car. When he resumed the chase, he had lost sight of the suspect he had seen fleeing the Mitsubishi.

As he rounded the corner, video footage from his body-worn camera showed him focusing on a figure bending over to lift a garage door of a private residence.

During his testimony before Magistrate Reg Marron at the Hobart Magistrates Court, Constable Bowden said he had “no doubt” that the man he intercepted at the garage door was the same man who had fled from the Mitsubishi.

The police prosecutor asked how many seconds had elapsed between losing sight of the suspect and then seeing Mr Rowell at the garage door.

“It would have been close to 20 seconds,” Constable Bowden told the court.

“Why did you focus on this person?”

“I believed they were the driver of the vehicle and that they were required to submit to the breath test.”

The witness told the court that the defendant smelled strongly of alcohol.

“He wasn’t very steady on his feet when I pulled him away. I felt like I was holding him up to make sure he didn’t fall,” Constable Bowden said.

Defence counsel Fabiano Cangelosi suggested Constable Bowden was trespassing when he entered the driveway to detain the defendant.

“If nobody gave you permission to go onto that property and grab hold of the defendant, how were you able to do it?” the lawyer asked.

“I saw only one person get out of the car,” Constable Bowden said.

Magistrate Marron ordered the lawyers to make final written submissions by the end of October and reserved his decision until November 14.
https://www.theadvocate.com.au/story/9069430/man-challenges-breath-test-refusal-charge-in-court-hearing/?src=rss