Duty lawyer Stephen Ross, who spoke with Flutey outside the courthouse before the first call of the case, told the court Flutey refused to confirm who he was but said he wanted to have the case adjourned as he was still awaiting disclosure.
He claimed to have made a similar request from outside Wellington District Court recently and an adjournment was granted.
The man, believed to be Flutey, claimed to have a mask exemption but would not show proof, saying he wanted to see legislation requiring it.
Judge Taryn Bayley stood the case down until the end of the court list, in case Flutey changed his mind. He spent the afternoon waiting outside.
Ross said he doubted the man outside (Flutey) would change his mind about putting on a mask for court, noting he had just spent several weeks in Wellington. Flutey was part of the recent encampment of protesters who occupied Parliament grounds as a demonstration against the Government's Covid-19 policies.
Prosecutor Sergeant Chris Goodall told the court police would seek a warrant to arrest Flutey if he failed to front the courtroom for the second call of the case.
Before the second calling of the case at the end of the day, Judge Bayley said under the current Covid protocol Flutey was entitled to be in court to answer his charges. She was prepared to let him in without a mask but had to have regard for the health of others. She suggested that anyone not involved in the proceeding leave the courtroom.
Ross said he had spoken again with the man outside [Flutey], who now said he would not come into court until his name was corrected on court documents to Brad Raymond O Te Whanau Flutey.
Called by that name, Flutey appeared without a mask.
He told the judge he was yet to receive full disclosure. He questioned the charges, which he said arose out of others' acting in breach of information on the Ministry of Health's website, and whether he should therefore be subject to bail.
He also questioned whether the charges and bail conditions applied to him since the name on the court documents were not correct.
Judge Bayley told Flutey it was too early in the process to discuss substantive issues. She adjourned the case until April 20 for Flutey to receive disclosure.
Under bail conditions imposed by the judge, Flutey must not contact witnesses or victims, publish their names on any social media platform, and must not go to Whangārei's Paramount Plaza shopping centre.
Police did not pursue a residential condition as Flutey insisted he has no fixed abode.
He requested disclosure be sent to a Katikati address.
The incident at Liquorland at Paramount Plaza was captured on a video, reportedly taken by Flutey's daughter, and widely circulated in press reports and on social media.
The video shows Flutey embroiled in a violent struggle with police, allegedly kicking one of them to the ground. Police used a taser to subdue him.
Flutey allegedly later took to social media to protest his innocence and insult police.
A former political candidate, Flutey stood for Social Credit in the Northland electorate in the 2020 general election. He is also a known conspiracy theorist. During the Wellington protest, he claimed on social media that demonstrators were falling ill – not from Covid but due to "devices" emitting electromagnetic field radiation, which authorities were using against them.
