Proserpine Magistrate’s Court
Quite a show
Lochlan James Anderson pleaded guilty in writing to a public nuisance charge.
At 1.45am on January 25, police were called to assist security staff at Airlie’s Mama Africa nightclub where an unruly patron had been evicted and was refusing to leave.
Police prosecutor Elizabeth Cassells said Anderson swore at police telling them to “go find real criminals”.
Despite several warnings to settle down, Ms Cassells said Anderson continued yelling offensive language, as well as kicking bollards, punching bins and other objects and “just generally being a public nuisance”.
The 18-year-old Black’s Beach resident received a $660 fine.
“That’s quite a show he put on,” magistrate Haydn Stjernqvist said.
A Learner driver who failed to comply with the requirements of his licence twice in one day, will now pay an $1100 price.
Mitchell Auld also pleaded guilty to two counts of failing to display his L-plates and one of providing false or misleading documents.
The 17-year-old was intercepted driving a white Ford utility on Valley Drive, Cannonvale at 4.50pm on February 12.
When questioned about his licence, Auld told police he had a Provisional licence and produced a paper document to that effect.
Further checks revealed he was in fact the holder of a Learner’s permit. Police prosecutor Elizabeth Cassells said the only other occupant of the vehicle was a juvenile female and there were no L-plates attached.
At 9.30pm on the same day, Auld was again intercepted, on the Bruce Highway, just south of the Proserpine River bridge. On this occasion he was unaccompanied and instead of L-plates he displayed a red P-plate on the front windscreen.
After imposing fines of $660 and $440, magistrate Haydn Stjernqvist said with Auld’s fairly recent history of similar offending, he needed to “draw a line in the sand”.
Steve Douglas Austin pleaded guilty to driving while over the middle alcohol limit, without a licence and in a vehicle that was unregistered and bearing plates belonging to another car.
The 34-year-old was intercepted on Shute Harbour Road at Hamilton Plains on February 3 at 6.28pm. Checks revealed the plates on his silver Ford sedan belonged to a red Toyota Camry and furthermore that the car’s registration had expired on January 4.
Austin was unable to produce a licence. Police subsequently found it had expired in May 2013.
Austin admitted drinking a sixpack of XXXX heavy beers after finishing work. He returned a BAC reading of 0.124 per cent.
He was fined $990 and disqualified from driving for six months.
Under the influence
Joseph Caridi was fined $550 and disqualified from driving for five months after pleading guilty to a mid-range drink-driving offence.
Police intercepted Caridi on Shute Harbour Road, Airlie Beach, at 4.50am on February 9, after receiving reports of a driver suspected to be under the influence of alcohol.
The 25-year-old admitted drinking eight or nine vodka lemonades before driving to the Night Owl so his friend could buy a newspaper.
His BAC reading was 0.109 per cent.
Transient and itinerant
Brayden Allan Cook was brought to court in police custody charged with breaching his probation.
The court heard that Cook had not made contact with the department of corrective services as required.
His solicitor said he accepted he was “rather transient and itinerant”.
At the recommendation of the department, the 24-year-old was resentenced for his original crimes.
He received a $770 fine and convictions were recorded on all counts.
Water pipe found
Toni Crewes pleaded guilty to possessing a drug-related utensil.
On December 21, police attended an Airlie Beach address where Crewes was present.
She identified her bedroom and a home-made water pipe was found in the en-suite. The 40-year-old told police she hadn’t smoked cannabis since she was a teenager.
She received a $220 fine.
Robert Humphrey Dawson was not present in court to answer a speeding charge, which was dealt with in his absence. Dawson was caught driving at 78kms per hour in a 60 zone on January 1.
He was fined $220 and ordered to pay $87.20 for the cost of the summons.
Matthew Lindsay Donald told the court he was ashamed of himself for driving without due care.
On December 24, police received a call about what was described as a white miner’s ute, seen travelling on the wrong side of Shute Harbour Road, near the Reef Gateway Hotel. A witness said he had to take evasive action to avoid colliding with the ute, which headed to the McDonald’s restaurant in Airlie Beach.
At 11pm police saw Donald mounting the traffic island at the intersection of Shute Harbour Road and Pandanus Drive, in the same ute. Police prosecutor Elizabeth Cassells said he appeared to be attempting to go straight through the roundabout, rather than around it.
When questioned by police, Donald admitted briefly driving on the wrong side of the road.
He said he had not realised that the lanes changed from double to single.
As for mounting the traffic island, he said he was leaning over to reach his son’s chips at the time.
Magistrate Haydn Stjernqvist told Donald he didn’t know how he still had a licence after losing 21 points in just a year-and-a-half.
He said somehow Donald was given the benefit of a good behaviour driving option “[and] two weeks later this event happens”.
“At some stage Mr Donald you’re going to have to stop being in denial about your atrocious traffic history and own up to it,” he said.
The 34-year-old Moranbah resident received a $660 fine.
Rhys Mitchel Hayes-Trimmer received fines totalling $1650 after pleading guilty to charges of common assault, breaching bail and contravening a domestic violence order.
The 21-year-old was the respondent in a domestic violence order made in the Proserpine Magistrate’s Court on August 16. He breached the good behaviour condition during a verbal argument on September 10.
At 4.45pm on October 15, he became involved in a physical altercation with another man in the car park at Bunnings.
Duty lawyer Antoinette Morton said the assault was a “disproportionate response” to ongoing issues.
Dominic Oliver Kohen pleaded guilty to contravening a police direction. At 12.55am on February 8, the 36-year-old local resident was issued with a move-on direction requiring him to leave the Airlie CBD until 6am.
He allegedly argued with police before crossing the road and attempting to gain entry to Paddy’s Shenanigans. In court on Monday, Kohen said he was simply trying to get his keys to a friend who was staying with him at the time. He received a $330 fine.
Todd Barrie Lawson did not attend court to answer an unlicensed driving charge, which was dealt with in his absence.
The 28-year-old local resident was caught driving a white Holden Commodore on Shute Harbour Road at 6.15pm on February 11.
Checks revealed his driver’s licence had expired on December 20, 2013. He received a $220 fine.
Wesley Stephen O’Donavan, 36, pleaded guilty to charges of receiving tainted property and breaching his probation.
Some time between 5 and 10am on August 28, a Mastercard was stolen from the centre console of a man’s car, parked behind the Whitsunday Shopping Centre on Island Drive.
At 11.40am on the same day, the card was used to purchase alcohol from the bottle shop at the Reef Gateway Hotel.
O’Donavan and a co-accused were found with the alcohol, which O’Donavan reportedly told police was his.
In court on Monday, duty lawyer Antoinette Morton said O’Donavan had accepted the alcohol as payment for work he did on the co-accused’s car.
For receiving tainted property he was fined $660 and for breaching his probation he received a $440 fine.
Daniel Luke Peters was placed on probation for 12 months after pleading guilty to breaching a domestic violence order, issued in the Proserpine Magistrate’s Court in December
At 2.50am on February 15, police were called to a disturbance at Airlie’s Peppers resort where they found a fist-sized hole in the bedroom door of one of the rooms.
The aggrieved presented with bruises and swelling and Peters was arrested.
Magistrate Haydn Stjernqvist ruled that this was a serious breach of an order designed to protect the aggrieved.
Myles Dorrington Pious sent a letter to the court pleading guilty to a charge of unauthorised dealing with shop goods.
At 11.55pm on February 15, the West Bromwich resident was seen reaching over the counter at the Phoenix Bar where he grabbed a bottle of butterscotch schnapps.
The court heard Pious opened the bottle and took a drink from it before pouring amounts for several other people. He was fined $440 and ordered to pay $30 in restitution costs.
A lot to drink
Edward William Poschelk apparently had “a lot to drink” before committing a public nuisance offence.
At 3.30am on February 8, police were called to the Airlie Beach lagoon where Poschelk had been asked to leave by security guards.
The guards said they found the third-year apprentice electrician smoking a cigarette. They told him the lagoon was a non-smoking area and asked him to extinguish it but he reportedly refused.
Police prosecutor Elizabeth Cassells said Poschelk yelled and swore at security guards and pushed them away.
When police arrived he began filming them with his mobile phone, which he allegedly pushed in their faces.
Poschelk’s defence solicitor asked magistrate Haydn Stjernqvist to accept that this was out of character. She said his recollection of these events was extremely vague, consistent with his level of intoxication. The court heard that Poschelk had been drinking since about 6pm on the previous day. He received a $330 fine.
Allison Elaine Scott blew 0.176 after she was involved in a minor traffic crash in the Whitsunday Shopping Centre car park at 1.30pm on February 12.
The owner of the other vehicle told police that witnesses had seen Scott hitting the back of her car while attempting to park. Police found her inside the Commonwealth Bank where they smelled alcohol on her breath. While the 57-year-old denied consuming any alcohol that day, she did admit to drinking two glasses of wine on the day before.
Magistrate Haydn Stjernqvist noted these facts and figures didn’t add up. He also said Scott had a previous drink-driving offence within the last five years with a reading of 0.116.
Scott was fined $550, disqualified from driving for 12 months and placed on probation for 12 months.
Cannabis found in car
Navpreet Singh pleaded guilty to charges of possessing dangerous drugs and possessing drug-related utensils. At 1pm on February 11, police noticed Singh sitting in a red Toyota Camry with a friend at Cannonvale’s Galbraith Park. On approaching the car, they noticed a cutup can and pair of scissors in the driver’s side door. A search was conducted in which 0.5g of cannabis was found in the car and a further 1.4g in Singh’s wallet. There was also a water pipe in the centre console. Singh told police he bought the cannabis in Mackay. He said friends had told him it was not an offence to possess it here. The 24-year-old received a $550 fine.
Fined and disqualified
Sonya-Marie Werner was fined $550 and disqualified from driving for five months after pleading guilty to a mid-range drink-driving offence.
The 42-year-old local resident was caught driving on Renwick Road, Proserpine at 10.05pm on February 14. Her BAC reading was 0.107 per cent. She admitted consuming three glasses of wine between 7.30-10pm.
Unregistered and uninsured
Tara Leigh Wilkinson pleaded guilty in writing to driving a vehicle that was unregistered, uninsured and bearing cancelled plates. She was intercepted driving a silver Toyota Camry on Jones Road, Cannonvale at 2.55am on February 7. Checks revealed the registration had expired in October 2013. She received a $550 fine.