I didn't touch Rudd staffer: protester

A PROTESTER accused of shoulder barging a Kevin Rudd staffer claims she fell over on her own and he didn't even touch her.

Wayne Morris Wharton, 54, is on trial for allegedly assaulting Fleur Foster during a protest at the federal MP's Brisbane offices on February 6.

The sit-in protest, which called for indigenous sovereignty to be recognised, came a few hours after former prime minister Julia Gillard's Closing the Gap speech to parliament.

The prosecution alleges Wharton shoulder barged Ms Foster when she was struggling to shut a security door he was trying to open at the same time.

Prosecutor Gerrard Elmore played Wharton's police interview after the alleged incident in the Brisbane Magistrates Court on Thursday.

"I grabbed the handle of the door, a struggle took place," Wharton told police at the time.

"As I pulled the door back ... she fell over on the floor.

"If I had pushed (shoulder barged her) through the door she would've fallen backwards.

"I didn't assault her, I didn't touch her."

Wharton, who represented himself, began his cross-examination of Ms Foster by asking how she could have been pushed over if the security door opened outwards and he was on the outside of the door.

"Are you saying that you were no longer on the staff side of the door, you were on the public entrance side of the door?" he asked.

"Yes," Ms Forster replied.

Magistrate Noel Nunan said it was unclear where Ms Forster had been at the time of the alleged incident because her original witness statement said she was behind the security door in the staff area.

"The prosecution's case is not looking very strong at the moment," Magistrate Nunan told the court.

The trial continues.

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