Proserpine Magistrate’s Court
Breach of bail
brake lights and indicator of the Silver Toyota Hilux which came to a complete stop in the right turning lane on Shute Harbour Road at 12.15pm. Culling’s car hit the back of the Hilux and both vehicles were declared write-offs. The driver of the Hilux was transported to hospital for neck injuries. Culling was convicted and fined $220.
Bryce Rex Watson was convicted and fined a total of $1320 for using a carriage service to menace, harass or cause offence and contravening a domestic violence order.
Between 6.15pm on July 11 and 11.30pm on July 17 this year, Watson sent a total of 81 text messages to the aggrieved. The aggrieved found the messages to be offensive and harassing. On August 30, Watson voluntarily attended a police station but declined to take part in a recorded interview, stating he was aware of his inappropriate actions. Watson was fined $880 for using a carriage service to menace, harass or cause offence and $440 for contravening the domestic violence order.
Mark Phillip Nixon appeared in court on charges relating to breach of bail undertaking, contravening the direction or requirement of police and wilful damage. Nixon was released on bail from the Southport watch house on the Gold Coast on September 2, and failed to appear in court on September 16. On September 22, police were at Abell Point Marina in relation to a separate matter and were unaware Nixon was subject to a previous warrant. He voluntarily attended Whitsunday Police Station in relation to other matters and checks revealed the warrant was outstanding. Nixon was convicted and fined $550 for the breach of bail undertaking, with all other charges to be dealt with in the Southport Magistrates court on October 14.
Nicolas Guy LeMercier was ordered to attend a drug diversion program on October 8 and placed on a $400 good behaviour bond for four months after pleading guilty to possessing dangerous drugs. At 1.35am on September 5, Whitsunday Police attended an Airlie Beach residence after receiving a noise complaint. They smelt cannabis and conducted a search. The 27-year-old French backpacker had a piece of aluminium foil containing a quantity of cannabis and also a small quantity in a rolled cigarette paper. He was charged with possessing dangerous drugs and no conviction was recorded.
Magistrate Hadyn Stjernqvist said it was an “expensive and unfortunate night of bad decision making” that led to Nathan James Simpson to a charge of wilfully destroying an alarm or apparatus.
At 2.35am on September 8, Whitsunday Police attended Peppers Resort after a report that a fire had occurred in one of the rooms and a fire extinguisher had been discharged. Police found four men in the room covered in a thick powder-like substance. Simpson said he and his friends had been in Airlie Beach on the night of August 7, when they found a fire extinguisher on the side of Shute Harbour Road on their way back to the resort. He said he thought it would be fun to discharge the extinguisher in the unit but admitted it “was a stupid thing to do and out of character”.
Simpson was ordered to pay restitution of $1661.50 to Peppers Resort and placed on a $1000 good behaviour bond for 12 months. A conviction was not recorded.
Sandra Valmae Evelyn Osler was ordered to participate in a drug diversion program and placed on a $400 good behaviour bond after pleading guilty to three separate drug related offences. On September 2, Proserpine Police attended a Hydeaway Bay residence to execute a warrant at 11.50am. Police found a white bowl containing cannabis, a length of pipe containing a cone piece and a pair of scissors in the patio area and found a metal tin with a quantity of cannabis in the dining area. Osler admitted the items belonged to her. Duty lawyer Sheena Hayes said Osler suffered a back injury in 2001 and was on prescription medication for the injury and uses “cannabis to treat the pain from time to time”. The 47-year-old was charged with possessing dangerous drugs, possessing utensils or pipes that had been used and possessing anything used in the commission of crime defined in part two. No conviction was recorded for the offences.
Cannabis in pocket
Ryan Peter Kaser was placed on a $400 good behaviour bond for four months after pleading guilty to possessing dangerous drugs. On August 31, police saw Kaser walking on Hinschen Street in Proserpine and asked him to empty his pockets. Kaser removed three small clip seal bags from his pockets containing a total of 7.5g grams of cannabis. The 20-yearold sandblaster said he would be willing to complete a drug diversion program. No conviction was recorded for the offence.
Gary Ronald Stimson pleaded guilty to possessing dangerous drugs and possessing utensils or pipes. On September 8, police attended a residence at Shutehaven to execute a warrant to search for dangerous drugs. They found a small clip seal bag containing 0.9g of cannabis and a homemade water pipe believed to be a bong. The 49-year-old stonemason admitted to owning the bag. He was fined $550, a conviction recorded and the property destroyed.
Timothy Carl Mason pleaded guilty to using a carriage service to menace, harass or cause offence on July 19. Prior to the offence Mason had been residing with his mother at her residence on Pleasant Drive in Cannonvale. She informed Mason of her intention to move from the residence and as a result told Mason he would have to move. Police prosecutor Elizabeth Cassells said Mason damaged property within the residence. Between July 18-22, Mason sent 24 text messages and over 15 phone calls of an abusive and harassing nature. Magistrate Hadyn Stjernqvist said it was a “deplorable way to treat your mother” and the messages “contained very serious threats”. Mason responded that he “had no regrets” and was “angry and distressed of being kicked out” of his house. Mason was fined $990 and a conviction recorded for the offence.
Peter James Dunford was fined $1200 and disqualified from driving for six months after pleading guilty to a drink driving charge. On July 12, 2004 at 5.10pm, police were conductbreath tests on the outskirts of Mckinley when they stopped Dunford while he was driving a white Hyundai sedan with Northern Territory number plates. He admitted to “having a big night” the previous evening and consuming two pots at a Winton pub before driving. The 50year-old returned a reading of 0.207 per cent.
Matthew Fredrick George Neal was fined $550 after pleading guilty to driving an unregistered and uninsured vehicle. Police were conducting patrols on August 28 when they noticed a white Toyota Hilux with South Australian registration plates driving along the Esplanade in Airlie Beach.
At 12.40am, Neal was stopped for a roadside random breath test which returned a negative result for drink driving. License checks showed that the 39-year-old’s registration had expired on July 5.
Adrian Roberts was fined $550 for driving an uninsured and unregistered vehicle and for offences involving cancelled registration certificates. At 10.08am on September 8, Mackay Police were patrolling the Bruce Highway at Bloomsbury when they noticed a red Nissan Pulsar hatchback. A registration check showed that the registration had expired in April this year and registration plates had been cancelled on Ju- ly 6. Roberts said he was unaware that the registration had been cancelled as he had not received any notification. A conviction was recorded for the offence.
Richard Craig Renton pleaded guilty to driving a Nissan Patrol wagon that was unregistered and uninsured at 8.45pm on August 28. He was fined $550 for both offences.
Mark Gregory Christensen was fined $330 with no conviction recorded after he pleaded guilty to contravening the direction or requirement of police. At 12.30pm on August 17, Magnums security staff notified police of a disturbance. As police spoke to an unruly man, Christensen interrupted police using offensive language. The 31-year-old plumber was issued with a move on direction but was later found by police in front of Paddy’s Shenanigans at 1.10am.
Unregistered and uninsured
Steve Coyne pleaded guilty in writing to driving a vehicle that was unregistered and insured. He was fined $550 for both offences and the facts of the matter were not read out in open court.
Urinating in public
Soren James Knight pleaded guilty in writing to urinating in a public place and assaulting or obstructing a police officer. At 12.28pm on Sunday, September 8, Whitsunday Police found Knight standing with his back to the road urinating near the Airlie Beach lagoon. As he started to walk off police asked him to stop. The 21year-old swore profusely and physically struggled against police. Knight was fined $440 and no conviction was recorded.
Christopher John Proberts pleaded guilty in writing to contravening the direction or requirement of police. At 12.30pm, he was issued with a move on direction by police on foot patrol in Airlie Beach. At 1pm, Proberts was seen trying to gain entry to Paddy’s Shenanigans. The 30-yearold Sarina Beach resident said he was out for a friend’s wedding. He was fined $330 with no conviction recorded.
Chris Matthew Vass pleaded guilty in writing to contravening the direction or requirement of police. At 11.10pm on Saturday, September 7, Whitsunday Police were conducting foot patrols in Airlie Beach when they attended Beaches Backpackers to see a man arguing with security staff. Police observed Vass to be highly intoxicated and issued him with a move on direction. At 2.15am, Police found Vass outside the pie shop in the Airlie Beach main street. The 24-year-old was fined $440 and a conviction recorded.