Ivan Bortic is challenging his refusing to provide a breath test charge.
Ivan Bortic is challenging his refusing to provide a breath test charge. Facebook Ivan Bortic

Man refuses breath test, seeks compo in '24 carat gold'

A MAN who refused a roadside breathalyser is seeking compensation from police in gold after he claimed he was held in custody for nearly seven hours.

Ivan Bortic appeared in the Maroochydore Magistrates Court on February 27 charged with contravening a direction of police and two other charges of failing to provide a specimen for breath analysis.

The case was adjourned until March 22 for Mr Bortic to "obtain legal advice".

But in court documents obtained by the Daily, Mr Bortic has lodged an extreme counter-claim where he not only challenged the charges but accused police of committing serious crimes.

These included deprivation of liberty for "forcibly" taking him to the Maroochydore watch house and detaining him, sexual assault for touching his body including his "nipples" and "genitalia" in a body search and stealing, amongst other things, his finger prints.

Mr Bortic was prepared to reach a settlement to "resolve the unlawful act".

Police would have to withdraw all the charges against him and destroy all its evidence, including his "stolen" fingerprints.

Police also had to "provide compensation for every action crime or offence".

This included, but was not limited to, "deprivation of liberty, extortion, fraudulent activity, sexual assault, unlawful search".

The debt owed "to the Living Man for suffering harm" was determined as "one troy ounce of 24 carat gold per 15 minutes".

This totalled 28 troy ounces for the time the "Living Man" was detained, which the Daily understands equates to about $39,141.

What Mr Bortic's legal paperwork claims:

The lengthy, 29-page-document obtained by the Daily from the court, detailed how Mr Bortic was first stopped by police "carrying a sidearm"on January 29 about 1.45pm.

Police charged him with contravening a direction of police and failure to provide a specimen for a breath test on Maroochydore Road.

But Mr Bortic said the police officer initially enquired about his number plates and the incident happened on "private property at the Homemaker Centre".

Mr Bortic, who identified himself as "the Living Man" in the court documents, argued he was under no legal obligation to "register property".

"As I am aware there is no legal obligation to register my property" and his number plates were "also my property to do with as I see fit".

"Again, I would ask what laws compels a man to register property," the court documents state.

He also refused to hand over his driver's licence, claiming it was a "fraudulent document".

He handed a "legal notice identifying my name and address understanding according to law I am not obligated to do so".

Mr Bortic also referred to police as a "corporation" into which he was entering a contract.

Mr Bortic said in the court documents he "informed the person I do not consent to actions and there was no contract between us" when asked by the police officer to comply with requests.

"The person responded with 'I don't care' and forced themselves upon me," Mr Bortic claimed.

"As a man, I hereby claim every action taken against me from this point was unlawful, which caused harm to me, the Living Man, loss to my person of which I am the Living Man and the principal and beneficiary".

He recorded the entire incident on his phone to be used as further evidence.

Mr Bortic said the police officer called for back-up and then these other officers were also implicated in the "crimes" against him.

When he was taken to the watch house, Mr Bortic said police "announced they caught a sovereign."

He said he did not understand the term and "consider it a derogatory remark".

"I was laughed at and ridiculed and there are more accomplices to the crimes against me."

And when Mr Bortic alleged he was told at the watch house he would be subject to a full search if he did not comply.

He said he was "afraid, my heart was beating. I can only assume the person threatened to sexually assault me, again".

Mr Bortic claimed he was kept at the watch house and requested to complete a breath analysis test and put in a "locked, cold room and deprived of liberty".

He was also denied a phone call to "the woman I love". His fingerprints were "stolen" under duress.

He said he was "released from his unlawful imprisonment" at 8.40pm after "being deprived of my liberty for approximately 6 hours and 46 minutes"

When he received in infringement notice days later, Mr Bortic claimed it was "an attempt to extort money from me, the Living Man".

He then listed his requests for settlement.

A police prosecutor told the Daily that police would be proceeding with the three charges against Mr Bortic.

Mr Bortic told the Daily: "We have constitutional laws need to be upheld for the protection for the men and women of our society".