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.

Slow learner

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.

Atro­cious his­tory

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.

Dis­pro­por­tion­ate re­sponse

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.

Mov­ing on

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.

Un­li­censed driver

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.

Tainted property

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.

Se­ri­ous breach

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.

Slug­ging Sch­napps

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.

High read­ing

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.

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