Hone Harawira says police actions were "precipitous, confrontational and unnecessary" the night he was arrested for blocking a truck that was trying to get past protesters at an Auckland housing protest last year.
The Mana Party leader this afternoon summed up his defence before Judge Stan Thorburn in Auckland District Court, where he is defending a single charge of failing to comply with a police instruction at the Glen Innes protest last October.
Protesters climbed onto the roof of a house that was to be removed by truck while Harawira allegedly locked himself in his car and turned his music up loud, blocking the truck's path.
Police told him several times to move but he refused and they eventually smashed a window and arrested him.
He pleaded not guilty and during his defended hearing at Auckland District Court has argued that he did not move the car because his headlights were ensuring the safety of female protesters on the roof.
Summing up his defence today, Harawira said police were not acting in the interests of the public when he was arrested, given the "public" at the location that night consisted of people opposed to the removal of the houses.
"I do not believe that the actions of the police could be said to be lawful if the primary criteria is that they act in the interests of the public," he said.
"Their actions were precipitous, confrontational and unnecessary."
Harawira further submitted that no evidence had been produced to show he had been parked on a road.
He said an aerial photograph of the area presented by police, which had been downloaded from Google Maps, did not adequately show the location and was not admissible as evidence.
"There was no evidence produced that supported the police's contention that the vehicle needed to be removed from a road or a specified part of a road."
He also said there was no evidence that his car was obstructing the moving truck. The truck had not started its engine yet, the driver was not behind the wheel, and it was still behind a closed gate, Harawira said.
"The fact that the police simply say it was [obstructing the truck] does not validate their case."
The hearing, which was set down for two days, is already well into its third day and Harawira thanked Judge Thorburn for allowing him to traverse ground that was "a little outside the narrow context of the charge".
On several occasions the judge pulled Harawira up for asking his witnesses leading questions, and he tried to direct him to address the issues relating to the relatively minor charge.
"This is not a charge of causing grievous bodily harm or something like that," Judge Thorburn said.
"This is about whether you failed to move your car when legally instructed to by an enforcement officer."
The charge is punishable by a maximum $10,000 fine.
Judge Thorburn has previously said he accepted Harawira's reasons for being at the protest.
Harawira responded that it was important for the judge to understand the circumstances that led to his actions that night.
Judge Thorburn is expected to deliver his decision at 4.30pm.
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