Skip­per to stay be­hind bars

Whitsunday Times - - LOCAL NEWS -

A WHIT­SUN­DAY skip­per who made na­tional news for leav­ing his pas­sen­gers and crew at White­haven Beach will spend the next three months be­hind bars.

Anthony Lau­rence Boegheim was brought to the Proser­pine Mag­is­trate’s Court on Mon­day from Rock­hamp­ton’s Capri­cor­nia Cor­rec­tional Cen­tre, where he had spent 99 days.

The Mas­ter 5 skip­per pleaded guilty to charges of com­mit­ting a pub­lic nui­sance of­fence, fail­ing to com­ply with po­lice re­quire­ments to stop a commercial ves­sel, fail­ing to sup­ply a spec­i­men of breath and drink-driv­ing while disqual­i­fied by a court.

Boegheim’s le­gal pickle be­gan at 12.10am on Oc­to­ber 26, when he threw part of a McDon­ald’s burger at an un­marked po­lice car.

Po­lice pros­e­cu­tor El­iz­a­beth Cas­sells said of­fi­cers were sit­ting in the car in the Air­lie Beach CBD when they heard a thud and saw Boegheim hold­ing a burger from the pas­sen­ger seat of a white util­ity head­ing north.

On in­spect­ing their car, they found a smear of sauce and a pickle stuck to the body work be­hind the driver’s side door.

Just four days later on Oc­to­ber 30, po­lice were in­formed that the crew and pas­sen­gers of the tourist ves­sel the

had been left at Hill Inlet on White­haven Beach, due to the al­leged in­tox­i­ca­tion of the skip­per.

The pas­sen­gers and crew were brought back to the main­land on an­other ves­sel and po­lice went look­ing for the

Boegheim was found at the helm of the boat, steer­ing in a north-easterly di­rec­tion at about 6-8 knots.

Po­lice pulled along­side him call­ing for him to stop, but Ms Cas­sells said he looked at them, looked away and con­tin­ued on.

A short time later, po­lice man­aged to board and stop the ves­sel. They no­ticed that Boegheim had blood­shot eyes and smelled of al­co­hol but he re­fused to be breathal­ysed.

Ms Cas­sells said that prior to these events, Boegheim was disqual­i­fied from driv­ing for 12 months and was also placed on a sus­pended sen­tence for the dan­ger­ous oper­a­tion of a ve­hi­cle while ad­versely af­fected by an in­tox­i­cat­ing sub­stance.

On Novem­ber 18, only a short time af­ter ap­pear­ing in court, he was caught driv­ing in Cannonvale with a read­ing of 0.218.

He was then re­manded in cus­tody and has re­mained there since.

De­fence so­lic­i­tor An­toinette Mor­ton said on the day of the ma­rine of­fence, Boegheim had an ar­gu­ment with a mem­ber of his crew.

She said he was “frus­trated and some­what an­gered” and be­haved in a man­ner that was out of char­ac­ter.

Mag­is­trate Haydn St­jern­qvist de­scribed Boegheim’s be­hav­iour as ob­nox­ious and toxic.

He said the in­ci­dent with the gherkin was “a triv­ial of­fence that set off a chain of [of­fend­ing] that could have been avoided”.

“You brought yourself to the at­ten­tion of po­lice and then car­ried on in a way that can only be de­scribed as dis­turb­ing,” he said.

For the pub­lic nui­sance of­fence, Boegheim was fined $330 and for the fail­ure to com­ply with the po­lice di­rec­tion to stop he re­ceived a $550 fine.

The sus­pended sen­tence was ac­tivi­ated and for this, plus the bal­ance of the of­fences, he was sen­tenced to a to­tal pe­riod of 24 months im­pris­on­ment.

Boegheim was disqual­i­fied from driv­ing for four years and he lost his ma­rine li­cence for 12 months.

A pa­role re­lease date was set for June 30, 2014.

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