Proser­pine Mag­is­trate’s Court

Whitsunday Times - - WHITSUNDAY VIEWS -

Un­reg­is­tered and unin­sured


His­tory re­peat­ing

Cannabis found

Paul Anthony Berger pleaded guilty to driv­ing a ve­hi­cle that was un­reg­is­tered and unin­sured. The 47-year-old lo­cal res­i­dent was caught driv­ing a white Toy­ota Hiace van at the in­ter­sec­tion of Hamil­ton Av­enue and Abell Road at 6pm on March 20. Po­lice checks re­vealed the van had not been reg­is­tered since May 28, 2008. It was also unin­sured. Berger told po­lice he had no idea of this and al­ways paid his bills when they ar­rived in the mail. In court on Mon­day he said Queens­land Trans­port had sent the re­newals to the ve­hi­cle’s pre­vi­ous owner who had failed to for­ward them to him. He re­ceived a $440 fine.

Terry Anthony Broad told po­lice he was un­aware his li­cence had been sus­pended. The 33-year-old Cannonvale res­i­dent was caught driv­ing at 118km per hour in a 100 zone on the Bruce High­way at Yal­boroo on March 19 at 10.30am. Po­lice checks re­vealed his driver’s li­cence was sus­pended from Jan­uary 1-March 31, due to the ac­cu­mu­la­tion of demerit points. In court on Mon­day, Broad said he went over­seas for Christ­mas and did not re­turn un­til Fe­bru­ary 16. “I just wasn’t aware,” he said. Mag­is­trate Haydn St­jern­qvist pointed out that Broad had ac­cu­mu­lated 21 points in the last three years, with 15 of those in the last 10 months. With this in mind he ques­tioned how he could pos­si­bly say he was un­aware.

“That’s what people do – they al­ways come to the bar ta­ble and say they didn’t get the let­ter – be­cause you don’t want to get the let­ter,” he said.

Broad was fined a to­tal amount of $550 and disqual­i­fied from driv­ing for six months.

Dar­ren Wil­liam Good­hew was told that his­tory was re­peat­ing it­self when he ap­peared in court on Mon­day charged with drink-driv­ing, while his li­cence was demerit-point-sus­pended.

Good­hew blew 0.123 af­ter he was in­ter­cepted for a ran­dom breath test on Midge Point Road, Blooms­bury, on March 14. Po­lice checks re­vealed his li­cence was sus­pended on Fe­bru­ary 28 for three months, due to an ac­cu­mu­la­tion of demerit points. Good­hew told po­lice he con­tacted Queens­land Trans­port just three days pre­vi­ously in an at­tempt to or­gan­ise a good be­hav­iour op­tion. Duty lawyer Sher­rie Meade said he never re­ceived the no­ti­fi­ca­tion that the sus­pen­sion would def­i­nitely go ahead.

Mag­is­trate Haydn St­jern­qvist said these were al­most iden­ti­cal cir­cum­stances to an in­ci­dent in 2008. He fined Good­hew $770 and disqual­i­fied his li­cence for nine months.

David Wil­liam Haines was fined $990 af­ter plead­ing guilty to pos­sess­ing and pro­duc­ing cannabis and pos­sess­ing a wa­ter­pipe. At 8.40am on March 26, po­lice ex­e­cuted a search war­rant at Haines’ Strathdickie ad­dress where he handed over a clip seal bag con­tain­ing 5g of cannabis and a glass wa­ter pipe. A search was con­ducted, dur­ing which po­lice found seven cannabis plants in the back yard and a fur­ther 13 in the front, be­side a set of ir­ri­ga­tion pipes. Haines ad­mit­ted own­er­ship of all the items and said he used the cannabis to help him sleep. Duty lawyer Sher­rie Meade said the 61-yearold had never been in court be­fore.

No li­cence

Court­ney Vic­to­ria Har­bers was fined $660 and disqual­i­fied from ob­tain­ing a li­cence for five months af­ter plead­ing guilty to driv­ing while over the gen­eral al­co­hol limit while she was also un­li­censed. The 28year-old was caught be­hind the wheel of a white Volvo sedan on Shute Har­bour Road, Air­lie Beach, at 1am on March 22. She ad­mit­ted drink­ing one glass of vodka and two glasses of red wine be­tween 6 and 11pm on the pre­vi­ous night. Her BAC read­ing was 0.122 per cent. Harber was un­able to pro­duce a driver’s li­cence at the time and told po­lice she had never held one. In court on Mon­day, mag­is­trate Haydn St­jern­qvist asked her why.

“I never needed one,” she said.

Dates mixed up

Sa­muel Deane McNaughton said he failed to at­tend a court-or­dered drug-di­ver­sion ses­sion be­cause of a mix-up over dates. The 22-year-old was sched­uled to take part in the drug-di­ver­sion pro­gram at 11am on March 3, but the court heard he failed to show up. “I’m a lit­tle bit dyslexic and I got my dates mixed up,” he said. He re­ceived a $330 fine.

Pub­lic nui­sance

A 23-year-old tourist from An­dora was not present in court to an­swer a charge of pub­lic nui­sance which was dealt with in his ab­sence. At 3.30am on March 16, po­lice in the Air­lie CBD were called to as­sist se­cu­rity guards at a li­censed premises, where Miguel An­gel Ruiz Pin­tor had been evicted due to his level of in­tox­i­ca­tion and un­ruly be­hav­iour. Po­lice pros­e­cu­tor El­iz­a­beth Cas­sells said po­lice ex­plained the lock-out rules to Pin­tor, who replied by say­ing, “who is this Queens­land law” and “who says I can’t go back in”. Ms Cas­sells said a lit­tle while later, Pin­tor ap­proached po­lice us­ing his mo­bile phone as a record­ing de­vice, again ask­ing “who is this Queens­land law” and “who is this di­rec­tion, why must I do what you say”. She said mem­bers of the pub­lic were seen shak­ing their heads in dis­be­lief. Pin­tor re­ceived a $550 fine.


A for­mer teacher and one-time prin­ci­pal found him­self be­fore the court on Mon­day, charged with pos­sess­ing a drug-re­lated uten­sil. At 9am on March 25, po­lice ex­e­cuted a search war­rant at the Ju­bilee Pocket home of John Fran­cis Sim. Dur­ing the search they found a Pow­er­ade bot­tle with a hose and cone-piece at­tached. Sim re­port­edly told po­lice he used the pipe to smoke weed, which he de­scribed as medicine. Duty lawyer Sher­rie Meade said Sim had been self-med­i­cat­ing with cannabis but was now re­ceiv­ing the ap­pro­pri­ate help and find­ing life a lot more en­joy­able with­out it. He re­ceived a $330 fine.

Fail to at­tend

Ja­son Christo­pher Wills pleaded guilty to con­tra­ven­ing a po­lice di­rec­tion. On March 14 he was is­sued with a no­tice re­quir­ing him to pro­vide his iden­ti­fi­ca­tion de­tails at the po­lice sta­tion within seven days. By March 24 he had failed to at­tend. The 33-year-old re­ceived a $330 fine.

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