Protester who allegedly struck horse refusing COVID-19 test in custody, court told - Sydney Morning Herald

A Sydney protester accused of striking a police horse is being held in isolation in jail after refusing to take a COVID-19 test, a court has heard.

Kristian Pulkownik was arrested at a Surry Hills unit on Saturday night after the anti-lockdown protest in the CBD. He is being held in Parklea Correctional Centre, in the city’s north-west.

The 33-year-old has been charged with affray, committing an act of cruelty upon an animal, joining or continuing in an unlawful assembly, and failing to comply with a COVID-19 noticed direction.

Kristian Pulkownik is being held in isolation at Parklea prison. Credit:Brook Mitchell

According to court documents, Mr Pulkownik is alleged to have used unlawful violence on NSW Police horse “Tobruk” between 12.50pm and 1.10pm on Saturday, July 24, “by conduct such that a person of reasonable firmness if present at the scene would have feared for their safety”.

Barrister Hollie Blake and solicitor Tony Nikolic. Credit:Louise Kennerley

Barrister Hollie Blake told Central Local Court on Thursday the legal team were still having difficulty obtaining instructions from Mr Pulkownik, as the court previously heard on Tuesday.

“This is Corrective Services continually making it impossible for my client to have access to his legal representative,” she said.

Magistrate Mark Richardson said there was a note on the file, with Wednesday’s date of July 28, that said Mr Pulkownik was “unfit to attend court”.

“He’s receiving medical treatment, that’s what I know to be the facts,” he said. “What do you expect me to do?”

Ms Blake asked for contact to be made with the jail.

Within half an hour, Mr Richardson said he had been advised from Parklea prison that Mr Pulkownik was “refusing to be tested” for COVID-19.

“Your client ... has been in the community and is at risk to others as he could be COVID positive,” he said. “Your client is in isolation. They are not prepared to put him on screen, I assume, although that’s not what the note says.”

He suggested the matter could be taken to the NSW Supreme Court, however Ms Blake requested a date in the Local Court in two weeks.

Outside court, solicitor Tony Nikolic said he had not been able to speak to Mr Pulkownik beyond a five-minute phone call when he “absolutely” indicated he wanted to apply for release from custody.

“The fact that we cannot get access to our client still looms large here,” he said. “No-one’s getting that access. The fact that, perhaps, COVID may be an issue ... I’m sure we’ve got the technology here these days to get a telephone, even if it’s in a plastic bag, wipe it down, we can do that.”

In-person visits have been suspended at Parklea Correctional Centre since Sydney’s lockdown began in June.

The magistrate listed the bail application on August 11.

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2021-07-29 01:37:31Z
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