NYE noise charges dropped
A Townsville businessman has had charges against him dropped after an incident that involved excessive noise just after midnight on New Year’s Day this year.
Matthew William Pratt, 30, had earlier pleaded not guilty to a charge of contravening a direction or requirement by a police officer and one count of obstructing a police officer.
Police prosecutor Luay Alloway told the Magistrates Court police were patrolling on New Year’s Eve and into the early hours of New Year’s Day when a security officer told them there was excessive noise from a Flinders St building, bottles were being thrown from a building into the street and men leaning over shouting obscenities at passers-by.
On Tuesday, the court viewed police body-worn camera footage showing three officers entering a building and then the open door of a unit, where they called out before entering.
The footage showed Mr Pratt immediately appearing and insisting they leave because they had entered his home illegally.
A lengthy argument followed on camera between police, Mr Pratt and two friends who were visiting him before police attempted to put handcuffs on Mr Pratt and he and the officer dropped to the floor.
Mr Alloway said Mr Pratt had resisted arrest and struggled before being removed from the unit and taken in a police vehicle to the watch house, where he spent the next 40 hours.
Andrew Peel, for Mr Pratt, said music coming from his unit was turned off before the police mentioned a noise abatement notice.
Mr Peel said there had been no complaints about bottlethrowing or abusive language from members of the public, only a second-hand report from a security officer, who had not witnessed anything.
Mr Peel said Mr Pratt had refused to give police his name and address, which he was entitled to do under the circumstances, and that the officers had no legal right to enter his unit, as they did at 12.15am on New Year’s Day.
He quoted sections 577 and 581 of the Police Powers Act.
Magistrate Ross Mack agreed there was no reasonable complaint, no reason to issue a noise abatement notice, and that it was a case of unlawful entry by police. He dismissed the charges and ordered Mr Pratt be paid $2250 in costs.