‘The court is running out of patience’: Magistrate to no-show FIFO

A MAN who skipped court for the sixth time this week was warned he could be jailed during a bizarre phone exchange with a magistrate.

Adam John Francis Simmons, 34, was first slated to face Southport Magistrates Court last August, charged with a handful of drug-related offences.

He’s since failed to show up five times, with last week’s saga making it his sixth charge of failure to appear. When Simmons wasn’t present for his sentence last Wednesday, the court called him to ask why.

The defendant – a FIFO (fly in, fly out) worker who regularly travels to Western Australia – revealed he was at the shops in Brisbane, on his way to the airport for work.

“We have hundreds of people before the courts every week,” Magistrate Louisa Pink told him over the phone. “(We) cannot have six mentions for everybody (who wants to) decide when they will come to court. The court has made five attempts to work around your commitments, that’s why it’s been listed for today’s date, and now you tell me you’re not appearing.”

Police prosecutor Gavin Reece confirmed Simmons was on a suspended prison sentence when he was allegedly caught possessing dangerous drugs, property suspected to have been used in drug offending, and having drugs in his system while driving.

“Looking at the defendant’s history, imprisonment is not outside of range,” he said. “So it is in his interest that he be here, and potentially with some legal representation.”

The magistrate said it was “extraordinary” that Simmons was not complying, given he was already on court orders and a warrant had been issued for his arrest before. “The court doesn’t just sit around, waiting for people,” she said. “You’re at the shops in Brisbane when you should be at court, if you were here at 9am (the matter) could’ve been dealt with.”

Magistrate Pink said his “continuous disregard” of his court obligations was unacceptable. “The court is running out of patience,” she said.

Simmons said he would plead guilty to the five charges, requesting the matter be finalised over the phone. That was rejected. “I’ll have to call my supervisor (to ask if I can start a day later), do you want me to do that and call back?” he said.

“No, I wanted you at court today,” Magistrate Pink replied. She suggested he seek legal advice and adjourned the matter until February 28. If he doesn’t show up, a warrant will be issued for his arrest.