Proserpine Magistrate’s Court
A public nuisance charge against Ben Walter Bass was dealt with in his absence. At 12.40am on June 15, police attended the Mama Africa nightclub where a fight had broken out. Security staff said Bass had elbowed another person in the head after he was asked to leave. The 34-year-old from NSW initially told police they “had the wrong guy”. He was fined $700 but no conviction was recorded for the offence.
Defence solicitor Sherrie Meade said fear led Simon Michael Bogie to drive while under the influence of alcohol. At 10.33pm on May 17, police were informed that Bogie had driven a white utility from the Jubilee Tavern car park after consuming alcohol on site.
At 10.39pm they attended his Jubilee Pocket address finding a white Ford utility parked on the nature strip.
Bogie admitted drinking five schooners of beer at the Tavern but initially told police he had caught a cab home. He later confessed to driving and returned a BAC reading of 0.166 per cent.
Ms Meade said the 32-year-old landscaper had recently fallen off a ladder and was waiting for an operation on his leg. She said on the night in question he had been drinking with friends but joined another group of people after they left. A situation then allegedly developed resulting in Bogie becoming uncomfortable and fearful for his safety. It was under these circumstances and due to his reduced mobility that he made the decision to drive.
Bogie was fined $1200 and disqualified from driving for seven months.
Jimmy Bosio pleaded guilty to driving while his licence was demerit-point-suspended. The 51-year-old local resident was caught driving a Toyota Corolla on the Bruce Highway, near Bloomsbury at 4.40pm on May 23. Police checks revealed his driver’s licence had been suspended from February 27August 26, due to an accumulation of demerit points. Bosio said he did not recall receiving a notification from Queensland Transport. He was fined $800 and disqualified from driving for six months.
Jessica Mary Cooke had no excuse for driving without a licence. At 9pm on June 18, Cooke was driving a Toyota Hilux on Shute Harbour Road, Airlie Beach, when she was stopped by police. The 25-year-old, who lives locally, produced a New Zealand licence that had expired in September 2012. The court heard she had been living in Australia since August last year. She was fined $500 and a conviction was recorded for the offence.
Daniel Wayne Davis was not in court to answer a charge of failing to record information, which was dealt with in his absence. At 6.15pm on February 23, police intercepted Davis driving a Ken- worth Prime Mover in Townsville. An information check revealed he had not recorded a change from rest to work at Cannonvale. The 38-year-old admitted he had not filled out his work diary as required. He was fined $600 and ordered to pay court costs of $81.10.
Out of line
Dale Owen Eling admitted behaviour that led to charges of public nuisance and obstructing police was “out of line”.
At 11.50pm on June 21, police were called to Proserpine’s Metropole Hotel where Eling was attempting to fight people entering and leaving the hotel. When asked for identification he became verbally abusive towards police. The 37-year-old Mackay resident struggled against police during his arrest. He allegedly head butted the police vehicle and brought phlegm up in his throat, causing police officers to believe he might spit at them.
Police prosecutor Elizabeth Cassells said Eling had a history of public nuisance and street offences. Magistrate Ron Muirhead warned him that any more of this type of behaviour could result in a period of imprisonment. He was fined $750 for the public nuisance offence and $500 for the charge of obstructing police. Convictions were recorded on both counts.
Wesley Stuart Greenwood was not in court to answer a charge of unauthorised dealing with shop goods which was dealt with in his absence. At 11.48am on May 29, Greenwood took a razor, worth $15.19 from Proserpine’s IGA store. The 47-year-old was fined $400 and ordered to pay restitution of $15.19. No conviction was recorded.
A charge of contravening a police direction against Tony Troy Daniel Mulligan was dealt with in his absence. At 3.50pm on April 24, Mulligan was served with a notice directing him to attend the Whitsunday Police Station with his ID particulars within seven days, which he subsequently failed to do. When police caught up with him at 7pm on June 23, the 25-year-old said he had gone back to Moranbah for work and forgot. He was fined $350 but no conviction was recorded for the offence.
Without due care
A woman who arrived in court in a wheelchair, pleaded guilty to a charge of driving without due care and attention.
Derinda Faye Mary O’Brien was involved in a two-vehicle traffic crash on Shute Harbour Road, Cannon Valley on May 17, at 6.50am. O’Brien was driving a silver Daihatsu, when she collided with a blue Jeep Cherokee, while turning right into the Mobil service station.
Defence solicitor Sherrie Meade said the driver of the Jeep Cherokee was unharmed but O’Brien suffered horrific injuries as a result of the crash. The court heard she had shat- tered her wrist, fractured her collar bone and left leg and injured her right knee significantly.
“She has really suffered quite a lot for this very short moment,” Ms Meade said.
Magistrate Ron Muirhead took this into account, on top of O’Brien’s impeccable driving record of more than 30 years. He took no action against her licence and issued an $800 fine, which he described as “right at the lower end of the scale”.
John Edward Power pleaded guilty to using a carriage service to menace, harass or cause offence. The court heard the 32-year-old, from Bracken Ridge, had sent a series of text messages to the victim, on June 21. The victim said she felt threatened and made a formal complaint. However, duty lawyer Sherrie Meade detailed mitigating circumstances surrounding the event. Magistrate Ron Muirhead determined Power was normally a person of good character. He imposed the nominal penalty of a $200 fine.
A man who drove while over the legal alcohol limit, in breach of a suspended sentence, narrowly avoided being sent to jail.
Mathew John Reid was caught driving on Midge Point Road, Bloomsbury on May 25, at 1am. He admitted consuming a number of Summer beers from 5-11pm but said he felt fine to drive. His BAC reading was .076 per cent.
Magistrate Ron Muirhead said while the reading was “not that high”, this was Reid’s third drink-driving offence. Reid was fined $1000 and disqualified from driving for six months.
Meanwhile the court heard this offence was also in breach of a suspended sentence issued in June, 2012, in the Mackay Magistrate’s Court. Reid was sentenced to four months imprisonment, suspended for 15 months. Mr Muirhead ruled this would now be extended for a further six months until March 12, 2014.
Michelle Maree Sylvester said she was surprised that two Summer beers pushed her over the legal limit to drive. Sylvester was caught driving a blue Holden sedan on Faust Street, Proserpine, on June 7 at 8.15pm. Her BAC reading was .076. The 34-year-old, from Proserpine, was fined $550 and disqualified from driving for three months.
Work licence granted
Simon Lawrence Webb was fined $500 and disqualified from driving for three months after pleading guilty to a drink-driving charge. The 31-year-old local resident was breathalysed after driving a white van on Shute Harbour Road, Jubilee Pocket, on June 17, at 10.50pm. His BAC reading was .073. His application for a work licence was successful.