Ex-cop turns law back on police who arrested him, walks free
"IT IS important that those who enforce the law abide by it" were the words uttered by a former Warwick police officer as he emerged from Stanthorpe Magistrates Court today, where nine charges against him were dropped.
Acting Magistrate Jason Schubert today dismissed nine charges against ex-cop Ben Alexander Ephraim Dyball due to his arrest unlawful.
The charges included stealing and unlawful possession of weapons and dangerous drugs.
Mr Schubert said the unlawful arrest of Mr Dyball did not "taint" the evidence provided in relation to the charges against him, but maintained the charges would be dropped.
"In fairness to the unrepresented defendant I still considered the status of all charges before this court," Mr Schubert said.
"Having considered all the circumstances... the defendant is entitled in all fairness to have all the charges against him dismissed."
Mr Dyball was arrested without a warrant on May 18, 2016 outside the Toowoomba Magistrates Court, but Mr Schubert found the arrest to be unlawful because the reason for the arrest was unclear.
He also took into account the length of time between the offences and the arrest.
Appearing unrepresented throughout his entire court saga, Mr Dyball did not "waver from the irregularity of the arrest"
Emerging from the Courthouse in a black blazer, Mr Dyball said he would be returning to his Elbow Valley home in peace.
"I am glad we have had a win, but it's not over yet and we will keep on going." Mr Dyball said, declining to elaborate.
A woman who was with Mr Dyball in court said they would be going "back to our sanctuary and back to our animals".