Man says spitting in cop's face was self defence

A MAN has argued in Queensland's highest court that he was acting in self defence when he spat in a police officer's face.

In 2014, Dominic Michael Burke, 39, was found guilty of serious assault, being drunk and disorderly and obstructing police after an incident outside the Racehorse Hotel at Booval.

Burke has fought his conviction and sentence and a district court judgment said it was the prosecution's case that Burke had spat in a police officer's face before he was brought to the ground, where he had a fit and was taken to hospital by ambulance.

The district court dismissed that first appeal late last year.

Burke then took his fight to the Queensland Court of Appeal.

On Wednesday he represented himself from the prisoner's dock and told the court he was currently in custody for alleged offences in Toowoomba.

He was asked to convince the three justices why a district court judge was wrong to dismiss his first appeal.

Burke said the judge did not give any weight to lies police had told during the case.

He said the spitting was an act of self defence because the police officer had held a car key to his neck.

"I was stabbed in the neck before (the spitting)," he said. "That's the only thing I could do to stop him.

"I couldn't breathe. I was fitting (having a fit) against the back of the police car where they smashed my head into."

Burke also claimed the police officer failed in his duty because he did not access CCTV footage from a nearby bottle shop which could have captured the incident.

"That CCTV would have shown everything," Burke said. "It would have shown that he stabbed me in the (artery) with his car key."

Acting for the Crown, Sarah Farnden said the judge did not make any legal error when dismissing Burke's appeal.

"Apart from disagreeing with conclusions of the district court judge, there has been no error of substance referred to by the applicant (Burke)," she said.

The court has reserved its decision. - ARM NEWSDESK