Party boy has case to an­swer

DE­FENCE FAILS IN AT­TEMPT TO HAVE MAT­TER DIS­MISSED

Townsville Bulletin - - NEWS - CHRISTIE AN­DER­SON christie. an­der­son@ news. com. au

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

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