Proser­pine Mag­is­trate’s Court

Whitsunday Times - - LOCAL NEWS -

Drug-di­verted

Ris­ing anx­i­ety

for fail­ing to com­ply with a move-on di­rec­tion is­sued by po­lice.

Henry was is­sued with the di­rec­tion at 10.05pm on Novem­ber 18 af­ter Mag­nums se­cu­rity staff com­plained he was in­tox­i­cated and re­fused to leave. Po­lice prose­cu­tor El­iz­a­beth Cas­sells said the 18-year-old ini­tially com­plied with the di­rec­tion and be­gan walk­ing away. How­ever, po­lice watched him stop and talk to a group of men with whom he then walked to­wards another li­censed premises.

When ques­tioned about his ac­tions, Henry ap­par­ently said he couldn’t help it if he was pop­u­lar and that the group of men had stopped to talk to him rather than the other way around.

He was placed on a $330 good be­hav­iour bond for nine months.

Adam Ge­orge Lim­brick pleaded guilty to two counts of pos­sess­ing dan­ger­ous drugs.

At 2.15pm on Oc­to­ber 2, Lim­brick was driv­ing a sil­ver Subaru wagon on the Bruce High­way north of Gin Gin when he was pulled over by po­lice.

He con­sented to a road­side drug test and a search of his car.

While the road­side test was neg­a­tive, po­lice found clip seal bags con­tain­ing cannabis and methy­lam­phetamine in­side the car.

Lim­brick was placed on a four­month, $400 good be­hav­iour bond, con­di­tional upon at­tend­ing a drug­di­ver­sion ses­sion on Jan­uary 7, 2014.

Duty lawyer An­toinette Mor­ton told the court that is­sues with ris­ing anx­i­ety led to charges against Casey Dawn Marie McAvoy of pub­lic nui­sance and ob­struct­ing po­lice.

The 22-year-old was ar­rested af­ter po­lice were called to a Proser­pine ad­dress on Novem­ber 11 at 11.30pm.

Po­lice prose­cu­tor El­iz­a­beth Cas- sells said there ap­peared to be a party in progress, with a num­ber of heav­ily in­tox­i­cated peo­ple at the scene.

McAvoy was found ar­gu­ing with a man on the front lawn. She was asked to stop but then yelled at po­lice and strug­gled when they at­tempted to ar­rest her.

Ms Mor­ton said McAvoy suf­fered from anx­i­ety and was un­able to com­mu­ni­cate this to the of­fi­cers who were try­ing to re­strain her.

She re­ceived a $330 fine.

State of de­nial

Mag­is­trate Haydn St­jern­qvist told Socrates Mene­gakis he was in a “state of de­nial” when it came to ac­cept­ing his State Penal­ties En­force­ment Reg­istry (SPER) debts.

Mene­gakis pleaded guilty to driv­ing a ve­hi­cle that was unin­sured while his li­cence was SPER-sus­pended.

The 35-year-old Man­dalay res­i­dent was seen driv­ing a sil­ver Mit­subishi Lancer with no reg­is­tra­tion plates on Shute Har­bour Road, Can­non­vale on Novem­ber 6. Po­lice caught up with him in the Queens­land Gov­ern­ment agency car park on Is­land Drive. Checks re­vealed his li­cence was SPER-sus­pended, which he said he knew.

Mene­gakis claimed he was try­ing to con­test a fine for driv­ing with an un­se­cured load. He said the Queens­land Gov­ern­ment had taken many weeks to re­spond to his re­quest to have the mat­ter dealt with in court.

But Mr St­jern­qvist pointed out that the un­se­cured load was just one of seven out­stand­ing mat­ters with SPER.

Mene­gakis was fined $660 and dis­qual­i­fied from driv­ing for two months. The fine was re­ferred to SPER.

Per­sonal use

Harvie Rickard pleaded guilty to charges of pos­sess­ing and pro­duc­ing cannabis as well as pos­sess­ing dru­gre­lated uten­sils and items used in the com­mis­sion of crime.

At 6.10am on Novem­ber 6 po­lice ex­e­cuted a search war­rant at Rickard’s Mt Ju­lian ad­dress find­ing a home­made bong, pipes and cone pieces, an elec­tric grinder cov­ered in cannabis residue and 14 mar­i­juana plants rang­ing from 20cm to one me­tre in height. An amount of cannabis weigh­ing 14.5g and 2.3g of cannabis seeds were also found.

The 42-year-old told po­lice he re­ceived some cannabis seeds a cou­ple of months ago and put them in con­tain­ers to see if they would grow.

Duty lawyer An­toinette Mor­ton said the drugs were purely for per­sonal use and used to reg­u­late pain and side ef­fects from other med­i­ca­tions. She said Rickard broke his back some 15 years ago and she handed up a let­ter from his os­teopath.

Ms Mor­ton also said he grew the cannabis in or­der to be self-suf­fi­cient and not have con­tact with drug deal­ers.

Rickard was fined $770 but no con­vic­tions were recorded.

Di­rec­tion con­tra­vened

Peter Ge­orge Row­ell was fined $440 af­ter plead­ing guilty to two counts of con­tra­ven­ing a po­lice di­rec­tion.

At 5.45pm on Novem­ber 17, Row­ell was is­sued with a move-on di­rec­tion to leave the Air­lie Beach CBD and not re­turn un­til 6am. At 9.15pm he was found out­side Mag­nums. At 10pm he was again spo­ken to by po­lice and at 12.20am on Novem­ber 18 he was found out­side KC’s. The Air­lie Beach res­i­dent had noth­ing to say in his de­fence but mag­is­trate Haydn St­jern­qvist was prompted to talk about the re­peated ap­pear­ance in court of this type of of­fence.

“All man­ner of stupid things hap­pen up that street,” he said.

Jacinta Norma Rush­brook told po­lice she was un­aware her li­cence had been de­merit-point-sus­pended. The 20-year-old was caught driv­ing a sil­ver BMW sedan on the Bruce High­way at Kelsey Creek at 8.30am on Novem­ber 1. She was fined $110 and dis­qual­i­fied from driv­ing for six months.

Mi­nor of­fence

Allen Boon Thane was fined $220 af­ter plead­ing guilty to con­tra­ven­ing a po­lice di­rec­tion. At 10.20pm on Novem­ber 19, Thane was seen walk­ing down Shute Har­bour Road at Air­lie Beach. Po­lice prose­cu­tor El­iz­a­beth Cas­sells said he ap­peared to be in­tox­i­cated and was is­sued with an of­fi­cial move-on di­rec­tion by po­lice. The 20-year-old al­legedly be­came abu­sive and unco-op­er­a­tive to­wards po­lice. Duty lawyer An­toinette Mor­ton said the day in ques­tion was the an­niver­sary of the death of three of Thane’s friends. Mag­is­trate Haydn St­jern­qvist ac­cepted this was “one of the more mi­nor con­tra­venes”.

Re­fusal to leave

Dou­glas Craig Wick­ing’s re­fusal to com­ply with an of­fi­cial move-on di­rec­tion last month, led to a charge of con­tra­ven­ing a po­lice re­quire­ment.

At 11.40pm se­cu­rity from Mag­nums re­quested po­lice as­sis­tance af­ter Wick­ing was evicted but re­fused to leave. Due to his be­hav­iour he was is­sued with the move-on di­rec­tion, re­quir­ing him to leave the Air­lie CBD and not re­turn be­fore 6am. Po­lice prose­cu­tor El­iz­a­beth Cas­sells said the 50-year-old con­tin­ued to make rude re­marks but even­tu­ally left be­fore try­ing to en­ter McDon­ald’s. She said af­ter sev­eral warn­ings he sat on the road way, then headed to Domino’s pizza, ex­haust­ing po­lice pa­tience.

Wick­ing re­ceived a $330 fine.

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