Released after contempt charge: Crim pleads to 1± offences
A MAN jailed for contempt of court after refusing to give evidence in a murder trial said he did not take the stand because the stabbing victim was an alleged paedophile.
Joshua Carman, 31, claimed last year he had been threatened with violence if he testified but has now revealed he did not want to give evidence because he had found out the dead man, Mark Dimmack, 39, may have b e e n a c hi l d s e x offender.
T h e d e c e a s e d ’ s s o n K o r r i Dimmack, 21, faced trial over his father’s alleged murder but was acquitted by a jury on July 29, 2010.
Carman, who was a firm friend of the deceased after forming a lasting friendship while the pair were serving time in jail, was with hi m when he was ki l l e d i n Corcoran Park at Hermit Park on August 20, 2009.
‘‘ He witnessed his good mate being stabbed to death and had to give him CPR, only to end up with blood in his mouth – it was very traumatising,’’ defence barrister Tony Collins said.
Following the death Mr Collins said the defendant attended the funeral where he was told by family members that his dead friend was a paedophile and had been in jail for child sex offences.
‘‘ It was very difficult for my client to have his beliefs in this man he looked up to shattered,’’ he said.
Mr Collins said it was after hearing this revelation his client refused to be a witness over the alleged murder.
‘‘ He flatly refused to give evidence because he was aware of the background of the deceased,’’ Mr Collins said.
He was in custody on unrelated matters and ordered to give evidence in the Townsville Supreme Court.
But when it was Carman’s turn in the witness box he promptly sat down in the cells corridor and refused to move.
So, shackled in handcuffs and leg irons, he was literally dragged by three prison officers across the carpet of the courtroom to the stand where he started an almost incoherent rant about the judicial system, made abusive comments to the judge and defence barrister then made it clear he would not answer any questions.
Justice Kerry Cullinane sent him back to the cells, remarking ‘‘ I’ll be seeing you a little later’’.
Carman appeared before Judge Cullinane, after the murder acquittal, who made it clear that refusal to give evidence in a court struck at the heart of the judicial system. Justice Cullinane jailed Carman for six months.
Carman appeared this week after completing the jail sentence, only to be locked up again for 13 offences he pleaded guilty to committing after witnessing the killing, between August 21, 2009 and December 25, 2009. The defendant was found in breach of a suspended sentence by Judge Terry Martin SC and ordered to serve three years’ jail, with a parole date of October 25, 2012.