Party boy has case to answer

DEFENCE FAILS IN ATTEMPT TO HAVE MATTER DISMISSED

A TOWNSVILLE teen claims he has no case to answer despite organising a bash that ended in 31 police being called to break up more than 100 partying youths.

Markino Lawrence Carbajal ( pictured), 18, was the first person in Queensland to be charged under new party laws.

He is facing a charge of organising an out- of- control party at a friend’s Gulliver home on March 15, 2014.

The first day of the trial yesterday was put on hold while defence barrister Scott Geeves lodged an unsuccessful application to have the case dismissed. Mr Geeves told Townsville Magistrates Court while his client did organise the party, it wasn’t out of control under the legislation. His application was denied.

The trial will resume tomorrow when Carbajal is expected to give evidence in his own defence.

Magistrate Steven Mosch said evidence given by witnesses showed there had been out- of- control behaviour at the party.

“I think there is sufficient evidence that might allow me to conclude the event had become an out- of- control event,” he said.

“On that basis I’m not satisfied that the defendant has no case to answer and his application is dismissed.”

The party culminated in a street brawl while neighbours reported glass being smashed, property being damaged and partygoers breaking into backyards.

A total of 17 police crews were called to break up the chaos with a drink thrown at one of the first officers to arrive.

Nine people took to the witness stand yesterday as police prosecutor John Moran finished his case.

Neighbour Nina Stegwell told the court she called police after the party started to get out of hand.

“As the night went on I could hear a lot of screaming and bottles smashing,” she said.

“When the bottled smashed I was a bit concerned that there might have been a stabbing or something and that’s why I rang police.”

Carbajal was the first person in Queensland to be charged under new Out of Control Party provisions.

If found guilty he could face a fine of more than $ 12,000 or one year in prison.

The trial will resume tomorrow.

As the night went on I could hear a lot of screaming and bottles smashing

WITNESS NINA STEGWELL