Perth Voice Interactive

AN assault charge against Leederville cafe owner Stuart Lofthouse has been tossed out of court.

Police couldn’t prove the two Vincent rangers who’d tried to haul him from the council chamber were acting as “public officers performing a function of their employment”.

On July 22, 2014 Mr Lofthouse had continually interjected during a monthly meeting and refused to comply when mayor John Carey asked him to leave.

Mr Carey called the meeting to a halt and he and most councillors left the room when two rangers in plain clothes—Steve Butler and senior ranger Simon Giles—approached Mr Lofthouse and asked him to leave. They showed him their ID and when he didn’t comply they tried to haul him out.

In the ensuing struggle Mr Lofthouse was taken to the ground and restrained, and a cut on his head spattered blood on the carpet.

The offence summary states, “the accused resisted and a struggle took place. The accused placed his arm around the victim’s [Mr Butler’s] neck in a headlock”.

The charge of assaulting a public officer in the course of their duty carries a maximum prison sentence of seven years.

The magistrate dismissed the charge as it couldn’t be proved the pair was acting in the course of their duties.

For that to be the case they would have had to follow the standing orders, which would mean the meeting would have to be reconvened and Mr Carey would have had to direct the rangers to remove Mr Lofthouse.

Instead it appeared they’d acted of their own volition during the break, approaching Mr Lofthouse while the mayor was out of the room.

Whether the disputed headlock took place was not tested, with the case ending before defence witnesses were called.

by DAVID BELL