Special magistrate Margaret Hunter finds 'smart alec' Brandon Donnelly in contempt of court

Brandon Donnelly, 22, faced the ACT Magistrates Court on Thursday, after pleading not guilty and then guilty to a number of offences, including assaulting a front-line community service provider.

Court documents allege that on August 12, 2021, at the beginning of the ACT's COVID-19 lockdown, police in Latham saw Donnelly allegedly driving the wrong way around a roundabout.

When Donnelly was pulled over, he allegedly refused to show them a driver's licence, tell them where he lived, or do a breath test.

He is accused of struggling with police officers, at one point grabbing one of their guns before being Tasered and arrested.

Special magistrate Margaret Hunter asked Donnelly if he was wishing to withdraw the pleas of guilty and if he had sought advice from Legal Aid after she told him to do so on September 16.

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Donnelly did not answer Ms Hunter's question, which she put to him multiple times, instead asking to see the charge sheet.

Ms Hunter said the prosecutor was getting one for him and that he was "just being difficult" in refusing to answer, and Donnelly eventually admitted he had not gone to Legal Aid.

Upon receiving copies of the charges, Donnelly proceeded to read them as Ms Hunter sat back with her arms crossed until adjourning for lunch.

When court later reconvened, Donnelly refused to stand for Ms Hunter before she told him it was customary and a "sign of respect".

The special magistrate asked if Donnelly had read through the charges and he said he had.

He had a question, asking: "Is that in English?"

Ms Hunter responded by asking: "Well, what do you mean? Do you speak English?"

Donnelly continued to ask whether the charges were in English and whether Ms Hunter was claiming he was a criminal, to which the magistrate said she was "not going to put up with this rubbish" and called custodial officers.

"I don't mind pleading guilty to the fact but not the assumptions," Donnelly said.

"You're trying to be a smart alec," Ms Hunter responded.

"I'll do whatever you like after you prove it's in English," Donnelly said.

Ms Hunter further attempted to ask Donnelly if he was intending to withdraw his guilty pleas, with little luck as the defendant continued arguing.

"Are you saying your honour sentenced me through hearsay?" Donnelly asked at one point.

A lawyer offered to represent Donnelly, however he continued to argue with Ms Hunter, saying the charges needed to be in English before he would agree to representation.

"I don't know what you're playing at Mr Donnelly, I don't know if there's something wrong with you or not," Ms Hunter said.

"You're in contempt because you're being uncooperative."

Donnelly was remanded in custody for the rest of the afternoon, and was later represented by Legal Aid lawyer Jeremy Banwell.

Mr Banwell requested for a date for Donnelly to withdraw his pleas.

Ms Hunter agreed and released Donnelly on bail.

Donnelly is set to reappear for mention on December 19, ahead of a hearing to withdraw his pleas on January 27.

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