Ballarat's Zoe Buhler to fight incitement charge for allegedly organising protest

Zoe Buhler appeared via a video link to the Ballarat Magistrates' Court on Thursday for a mention hearing.

Defence barrister Hugo Moodie said the matter had not resolved and his client had indicated she would be fighting the charge against her.

A pregnant Buhler was arrested at her Miners Rest home on September 2 for allegedly creating a post on social media inviting people to an anti-lockdown protest in Ballarat on September 5.

Victoria was in lockdown at the time.

She live-streamed her arrest in her pyjamas on social media, sparking a media storm. She was bailed from the Ballarat Police Station later the same day.

Mr Moodie asked the court for a contested mention to be listed before April 20 because Buhler was due to give birth to her third child.

The prosecution agreed the case should go to a contested mention, while magistrate Letizia Torres said the contested mention could be held before Buhler's due birth date if the court could facilitate it.

The matter was adjourned to March 26 and Buhler's bail was extended.

Mr Moodie said police took Buhler's mobile phone when she was arrested in September and she would like it back.

He said Buhler had lost her job during lockdown and did not have the income to purchase a new mobile phone.

"The police have had plenty of time to download what they needed," Mr Moodie said.

Police prosecutor Senior Constable Steven Repac said the mobile phone was used in the commission of the offence.

"There is still some investigation going on around it. The phone is still required," Senior Constable Repac said.

The magistrate suggested to wait until the contested mention in March to see if investigators had downloaded everything they needed or if they required the phone for further analysis.

Buhler is charged with inciting other people to breach stay at home directions during COVID-19 lockdown in Victoria between August 31 and September 2.

Facebook has banned news from its platform. You can read our response here.

Our team of local journalists work hard to provide local, up-to-date news to the Ballarat community. This is how you can continue to access our trusted content: