Proser­pine Mag­is­trate’s Court

Whitsunday Times - - LOCAL NEWS -

Fool­ish de­ci­sion

trans­ported to Proser­pine Hospi­tal, where he sup­plied a spec­i­men of blood.

Po­lice pros­e­cu­tor El­iz­a­beth Cas­sells said this re­turned a read­ing of 70mg of al­co­hol per 100mls of blood, equiv­a­lent to a breath al­co­hol con­cen­tra­tion read­ing of 0.070 per cent.

Ms Cas­sells said Cook told po­lice he had not con­sumed al­co­hol that day but drank about four beers on the pre­vi­ous night.

Con­se­quently he said he couldn’t be­lieve or ex­plain the read­ing.

As for the man­ner of his driv­ing, Ms Cas­sells said Cook was chang­ing the ra­dio sta­tion when he saw some­thing dark and swerved to avoid it.

In court on Mon­day, Cook told mag­is­trate Haydn St­jern­qvist that he car­ried a breathal­yser with him and that very day it had given him a zero read­ing.

“I don’t know how much you paid for it but... some are bet­ter than oth­ers,” Mr St­jern­qvist said.

“[And] they’re no de­fence course.”

Mr St­jern­qvist also said read­ings from blood were “a whole dif­fer­ent ket­tle of fish”.

“Blood will al­ways come back higher,” he said.

Cook was fined $660 and disqual­i­fied from driv­ing for two months.


Scott Andrew Ful­ton pleaded guilty to driv­ing while over the mid­dle al­co­hol limit and while his li­cence was sus­pended.

At 8.45pm on Jan­uary 22, Ful­ton was the driver of a white Toy­ota Hi- lux seen pass­ing straight through a round­about on Shute Har­bour Road, with­out ob­serv­ing the line mark­ings. Ful­ton was breathal­ysed, re­turn­ing a BAC read­ing of 0.111 per cent. He ad­mit­ted con­sum­ing two VB beers and four XXXX Gold’s from 5.30-8.30pm.

On Fe­bru­ary 7, Ful­ton was seen driv­ing a white Toy­ota sedan on Abell Road, where he dis­obeyed a noen­try sign. He ad­mit­ted to po­lice his li­cence had been sus­pended, pend­ing a court ap­pear­ance on Fe­bru­ary 10.

In court on Mon­day, Ful­ton’s de­fence so­lic­i­tor said he ac­cepted there was no ex­cuse for his be­hav­iour on ei­ther count.

She said in the first in­stance he had not eaten that day, and in the sec­ond, it was a “fool­ish de­ci­sion” to drive.

Mag­is­trate Haydn St­jern­qvist said Ful­ton’s sec­ond of­fence had enor­mously com­pli­cated and ag­gra­vated what would other­wise have been a fairly straight­for­ward drink-driv­ing charge.

For the of­fences he re­ceived two, $600 fines and was disqual­i­fied from driv­ing for a to­tal pe­riod of two years and five months.

Fine im­posed

Martin Heinz Knoll was not present in court to an­swer a charge of un­law­fully pos­sess­ing sus­pected stolen property, which was dealt with in his ab­sence.

Knoll was sus­pected of steal­ing al­co­hol from the Hay­man Is­land Re­sort, with an ac­com­plice, who was dealt with in court last week.

Knoll re­ceived a $330 fine and was or­dered to pay $14.50 in resti­tu­tion costs.


Evan John Lawrence was banned from at­tend­ing any li­censed premises in the Air­lie Beach CBD for a pe­riod of 12 months af­ter plead­ing guilty to con­tra­ven­ing a po­lice di­rec­tion.

At 12.45am on Jan­uary 24, Mama Africa se­cu­rity staff con­tacted po­lice about an un­ruly man who was try­ing to start fights in the area near the club. On ar­rival, po­lice saw Lawrence en­gaged in a heated ver­bal ar­gu­ment with an­other man, who he was also seen push­ing and shov­ing.

The 29-year-old Mt Mar­low res­i­dent was is­sued with an of­fi­cial move-on-di­rec­tion, re­quir­ing him to leave the Air­lie CBD and not re­turn be­fore 6am.

Po­lice pros­e­cu­tor El­iz­a­beth Cas­sells said he was dis­mis­sive, bel­liger­ent and non-com­pli­ant with po­lice and af­ter sev­eral warn­ings he was ar­rested.

In court on Mon­day, Lawrence said he was highly in­tox­i­cated at the time.

“I didn’t re­ally know what I was do­ing or say­ing,” he said.

Mag­is­trate Haydn St­jern­qvist said this type of of­fence was very com­mon in Air­lie Beach dur­ing the “witch­ing hours”.

“[And] ev­ery­one’s pretty well sick of it, in­clud­ing the po­lice,” he said.

In ad­di­tion to the ban­ning or­der, Lawrence re­ceived a $550 fine.


Karen Su­san Leo pleaded guilty to driv­ing while her li­cence was SPER­sus­pended.

The 40-year-old Proser­pine res­i­dent was stopped for a li­cence and reg­is­tra­tion check on the Bruce High­way at Rock­hamp­ton on De­cem­ber 23 at 1pm.

Po­lice checks re­vealed her li­cence was SPER-sus­pended in Septem­ber. She was fined $220 and disqual­i­fied from driv­ing for one month.

Read­ing notices

Kelvin Reyne Nielsen sent a let­ter to the court plead­ing guilty to con­tra­ven­ing a po­lice di­rec­tion.

On Jan­uary 7, the 22-year-old West Mackay res­i­dent was is­sued with a no­tice to at­tend the po­lice sta­tion within seven says to pro­vide his iden­ti­fi­ca­tion de­tails. On Fe­bru­ary 1, he fi­nally con­tacted po­lice and sub­se­quently at­tended the Mackay sta­tion.

He said he hadn’t read his no­tice prop­erly and thought his bar­ris­ter had sorted mat­ters out on his be­half. He re­ceived a $110 fine.

Run­ning the gaunt­let

Markus Dou­glas Vain­saar told the court he knew he “ran the gaunt­let” the day he drove with­out a li­cence.

The 23-year-old lo­cal res­i­dent was caught driv­ing a white van with New South Wales plates on Shute Har­bour Road, Cannonvale, at 5.45pm on Fe­bru­ary 5.

Po­lice checks re­vealed his li­cence was SPER-sus­pended due to an ac­cu­mu­la­tion of un­paid traf­fic in­fringe­ment fines.

He was fined $220 and disqual­i­fied from driv­ing for one month.

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