A Dubbo woman who left her ex-partner's house while positive with COVID-19 and returned two hours later during the height of the pandemic said she was leaving a potentially violent situation.
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Glynnis Wright, 21, pleaded not-guilty to failing to comply with COVID self-isolation charges, but after inconsistencies were discovered in her account, was found guilty after hearing in Dubbo Local Court.
According to police Wright had tested positive to COVID in August 2021, when she was staying at her ex-partner's house on Cobbora Road.
About 8am on August 25,Wright left her ex-partner's house to head to her sister's home on Braun Avenue, when police attended for compliance checks.
Family and domestic violence support:
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Later at about 10.50am, Wright returned to her ex-partner's home when she was arrested by police.
Wright told the court on Monday she had left her former partner's house and fled to her sister's after the pair had an argument and he became aggressive.
"I've seen him get angry. It scared me the first time [I saw it], he throws things around," she told the court.
"It made me feel a little bit scared, and made me feel uncomfortable, like I wasn't welcome there at all, and when I'm not welcome I won't stick around."
The court heard police had attended Wright's sister's home, and told her sister to tell officers she wasn't there.
Defence lawyer Fiona Alamyar asked why she didn't call police to tell them what happened when Wright explained she "didn't trust them".
"I don't trust them, with my history ... I don't' trust them, I don't like them," she said.
Wright explained she told her sister not to tell police she was there because she knew she was going to be arrested.
"At the time [I was scared], I just wasn't thinking straight," she said.
Wright also claimed when she was later arrested she didn't talk to police.
"I didn't have a conversation with police, I was just arrested. I didn't talk to them, if I wanted to talk to them I would make a statement," she told the court.
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During cross-examination, police prosecutor sergeant Ben Bragger asked Wright why she returned to her ex-partner's home two hours later if she was in fear of her safety. Wright said the only reason she returned was for police to sight her.
"You understand how serious COVID is and especially for someone who is positive," Sergeant Bragger told Wright.
Sergeant Bragger said Wright had spoken to police that morning, and told officers she had left the house to get her medication because no one would deliver it to her.
The prosecution however tendered a photo of the medication which displayed the date it was dispensed which was prior to August 25. The court heard the pharmacy, at the height of the COVID outbreak, was delivering medication and did in fact deliver them the date they were issued on August 23.
Ultimately Sergeant Bragger said Wright's credibility for the reason she left isolation wasn't sound.
Ms Alamyar however argued Wright had provided "honest" evidence explaining to the court she was escaping a domestic violence situation.
She argued the discrepancy in what was said in court on Monday and the versions of events provided to police in August 2021 were the result of a young Aboriginal woman who had significant dealings with police throughout her life and a level of distrust.
"The reason she didn't expose the real reason she left the house, she was simply number one scared of [her former partner] and did not trust the police and what they would do if she told them the real reason why she left," Ms Alamyar said.
"In Ms Wright's mind the person who was diagnosed with COVID was in an emergency situation. In my submission she's given evidence her version is supported by the chronology of events provided by police in their statements.
"A two hour break can change the situation, but doesn't undermine in that moment when she was told to leave the property, she felt scared."
Magistrate Theresa Hamilton said contrary to Wright's evidence in court, from the three police statements tendered in court it was clear she gave a number of reasons to the officers as to why she had left the property when required to self-isolate.
She said she was satisfied the statements made by Wright were not true, and she had no reason to leave the address she was self-isolating at.
When sentencing Magistrate Hamilton took into account Wright had spent 51 days in custody bail refused for this matter and other matters.
She found the time bail refused would adequately address punishment and was convicted with no further punishment.