Proserpine Magistrate’s Court
Elise June Bennett pleaded guilty in writing to a charge of driving without a licence. She was fined $220 and the conviction was recorded. The facts of the matter were not read out in open court.
French national Emmanuel Pierre Alexis Boulaire, said he was “deeply embarrassed” about the behaviour that led him to court.
At 11.30pm on September 13, Boulaire was evicted from Airlie’s Magnums Hotel. Police prosecutor Elizabeth Smith said security guards told police they’d received several complaints that the 25-yearold tourist had been inappropriately touching female patrons on their breasts and buttocks and trying to start fights with other men.
Ms Smith said after “resisting heavily” against security guards, Boulaire began to “shape up” to one of the attending police officers and also challenged security staff to a fight. She said it took several attempts to handcuff him, necessitating the use of force.
Boulaire was arrested but later released on bail with conditions not to consume liquor or attend licensed premises in the Whitsunday Regional Council area attached.
At 2am on October 4, he was found outside Mama Africa with a nightclub stamp on his arm.
In court on Monday, Boulaire said there were “a few parts of the story” he disagreed with, but he conceded, “I was drunk that night and did stupid things and behaved bad”.
He told the court that September 13 was his first night out in a while after working a stint at an eggplant farm in Bowen.
“And I was probably too excited about it,” he said.
For the offences of failing to leave a licensed premises and obstructing police Boulaire was fined $440 and for breaching his bail conditions he received a $110 fine.
Convictions were not recorded on any count.
Drunk and emotional
Neville George Norunnie Cifuentes was brought to court in police custody, charged with contravening a Domestic Violence Order (DVO).
The 29-year-old labourer was the respondent in a one-year order made in the Mackay court on May 14, 2014, with mandatory good behaviour conditions attached.
At 6.30pm on September 22, police were alerted to text messages sent by Cifuentes to the aggrieved, threatening to harm himself with a .22 rifle.
They attended his Crystalbrook address and searched the associated farmland but failed to find him so returned at 6.30am the next day.
On this occasion, Cifuentes told them he was “drunk and emotional” on the night before and did not intend to carry out the threat. He also said he was not in possession of a firearm that night.
Cifuentes was arrested on a return to prison warrant. The court heard he was jailed for three years in the District Court on September 23, 2011, for an offence of GBH. The further offence of September 22 caused the suspension of his parole.
Duty lawyer Sherrie Meade said Cifuentes had been released from prison about six months ago and in that time he’d had a lot of issues and was “in a dark place”.
She also said he didn’t realise that sending the text messages would constitute a breach.
Magistrate Haydn Stjernqvist said Cifuentes had “a long way to go” if he didn’t recognise that emotional abuse was a form of domestic
Dates mixed up
violence. “Because that’s what it was – emotional abuse,” he said.
Cifuentes was fined $440.
Codey Robert Colin Dodgson, 23, and Steven Sean Isaraelu, 24, both accused each other of making taunts that led to being charged with a public nuisance offence.
At 3.30am on September 14, Isaraelu was sitting in the outdoor area at the Airlie Beach McDonalds where Dodgson was seen attempting to taunt him into a fight.
Police prosecutor Elizabeth Smith said the conversation became heated and Isaraelu stood up, waving his arms in a “come on” motion. She said he then armed himself with a chair and swung it at Dodgson and another man.
New Zealand-born Isaraelu told the court he’d been offended by a racist remark, that wouldn’t normally have bothered him, but on this occasion he’d “had a couple of drinks”.
Duty lawyer Sherrie Meade said Dodgson reacted because his cousin had been called ‘fat’.
“But he’s not particularly proud of his actions,” she said, adding that alcohol “played a prominent part” in what took place.
Isaraelu was fined $330 and Dodgson, who had two previous public nuisance offences on his history, received a $550 fine.
Convictions were not recorded on either count.
Alcohol and no food
William Peter Jackson blamed “alcohol and no food” for the events that led to charges of contravening a move-on direction against himself and fellow backpacker Tobias Hamburger.
The British and Danish nationals were refused entry to Paddy’s Shenanigans at 1am on September 17. Police prosecutor Elizabeth Smith said they argued with security guards before heading to Mama Africa, where they were refused entry again. Ms Smith said they told security staff they weren’t drunk and made comments about how “Australians are so stupid”.
Police subsequently issued the pair with move-on directions requiring them to leave the Airlie CBD until 6am. At 1.25am they were found at the entrance to Magnums Hotel.
Jackson said they’d decided to go to McDonalds, but ran into a fellow traveller who was staying at their hostel in Bowen and stopped to have a chat.
Both men were fined $220 but no convictions were recorded.
Jonathan Michael Holmes was fined $330 after pleading guilty to contravening a police requirement. On July 25, the 21-year-old signed an agreement to attend a drug diversion session in Cannonvale on August 5.
He failed to attend and when police caught up with him on September 26, he told them a friend had his paperwork, which led to him getting his dates and times mixed up.
Adrian Paul Horne pleaded guilty to driving while his licence was disqualified by a court and stealing a fish finder / chart plotter worth $3000.
At 2.30pm on August 30, Horne attended the Cannonvale BCF store, walking out with the chart plotter without attempting to pay.
At 4.20pm on September 16, he was seen driving a white Hyundai sedan at the Whitsunday Shopping Centre on Island Drive, Cannonvale. Police checks revealed his driver’s licence was disqualified for nine months in the Proserpine Magistrate’s Court on February 25.
When police questioned Horne about stealing the chart plotter he initially denied the offence. Police prosecutor Elizabeth Smith said he eventually confessed at the watch house but refused to divulge its whereabouts.
At 7.10pm that night police executed a search warrant at a vessel in the Abell Point Marina but Ms Smith said no items of interest were found.
The next day Horne took the stolen property to the Whitsunday Police Station. Ms Smith said it was returned to BCF in good working order therefore no restitution was sought.
Duty lawyer Sherrie Meade said the 46-year-old boat repairer had been going through a “pretty traumatic period” at the time of committing the offences.
“Things were just not going that great in his life and unfortunately he just made a very bad decision,” she said.
Ms Meade said after Horne stole the chart plotter, he was so wracked with guilt that he bought a post pack and was intending to mail it back.
For the stealing offence he was fined $990 but no conviction was recorded. For driving while disqualified he was fined $770 and disqualified from driving for two years.
In the driver’s seat
Mark Eaton Horsford said he was just turning the heater on “for the Mrs” on the night he was caught in charge of a vehicle while over the middle alcohol limit.
The 36-year-old boilermaker was found in the driver’s seat of a white Nissan Navara in the carpark of Proserpine’s Metropole Hotel at 1.30am on September 21. Police prosecutor Elizabeth Smith said police saw the reversing lights come on and when they knocked on the window, the keys were in the ignition.
Horsford, who was described as having bloodshot eyes and slurred speech, got out of the car and admitted drinking about 10 schooners of full-strength beer between 9.30pm and 1.20am. His BAC reading was 0.101 per cent.
He was fined $330 and disqualified from driving for two months.
Lea Elizabeth Janschekowitz pleaded guilty to being in charge of a vehicle with a BAC reading of 0.120 per cent.
The 19-year-old Kuttabul resident was seen drinking from a wine bag at a Daewoo sedan parked outside the Airlie Beach McDonalds at 10.45pm on October 3. When police arrived at the car she was sitting in the driver’s seat with the keys in the ignition. The German national admitted drinking about seven glasses of beer and vodka sodas prior to getting in the car. She was fined $330 and disqualified from driving for three months.
Jack Christopher Stuart Murphy and Emma Louise Ryan both pleaded guilty in writing to contravening a police direction.
The interstate tourists were out in the Airlie Beach CBD with a group of friends on September 14 when they interacted with security guards at Beaches and were excluded from the bar. Police prosecutor Elizabeth Smith said they headed to Paddy’s where they were refused entry and Ryan danced in the doorway. She said they then went to the Mama Africa nightclub where they made a triple zero call requesting the attendance of police after security guards refused them entry again.
Ms Smith said despite calling police, the pair seemed to disregard what the attending officers had to say and demanded to see their ID. She said their statements were “nonsensical” and “unreasonable” and the matter escalated. Police consequently issued them with move-on directions, requiring them to leave the area until 8am. Ms Smith said they moved about 30 metres away but were still within the boundaries set out by the direction.
Magistrate Haydn Stjernqvist read extracts from Ryan’s letter, which said she said she was “genuinely sorry”.
“It was the alcohol that made me do it,” the letter said.
Both parties were fined $330 but no convictions were recorded on either count.
Cherise Nasuaiu Poid was fined $880 after pleading guilty to charges of possessing dangerous drugs and drug-related utensils.
Police executed a search warrant at Poid’s Proserpine address at 12.30pm on September 17. Police prosecutor Elizabeth Smith said a glass pipe, a bong and a vial containing a crystal-like substance determined to be methyl amphetamine were found.
A lot going on
Leah Elizabeth Stringer told the court she had “a lot going on” when she failed to attend the police station with her ID particulars as required. She was fined $330.
Over the edge
Simon Daniel Walker denied allegations of hooning that led to charges of public nuisance and obstructing police.
On September 7, the 25-year-old Proserpine resident was issued with a Traffic Infringement Notice (TIN) for making noise and smoke and had his vehicle impounded for 90 days.
The court heard that on September 8, he attended the Whitsunday Police Station to discuss the impoundment. Police prosecutor Elizabeth Smith said he was abusive, with his language and demeanour affecting other people who were at the front counter at the same time.
Ms Smith said Walker was asked to leave but began making insults to police before resisting arrest.
In court on Monday he said there was “more to it than that”.
“I wasn’t getting the co-operation I wanted – I was asking why [the vehicle was impounded] and I was sort of getting smart-ass answers and it sort of put me over the edge,” he said.
Walker claimed there was no noise and smoke on the day of the alleged hooning incident, which he described as “beefed up”.
“It was just a bit of excessive acceleration,” he said.
Magistrate Haydn Stjernqvist looked at Walker’s traffic history and noted he did not have a good attitude to driving.
“You’re basically a hoon,” he said, asking “do you think you should be able to drive like that?”
“Well it’s not all it’s made out to be in the paperwork,” Walker replied.
Walker was fined $770 but convictions were not recorded.
Joel Mark Wayne was warned to stay away from drugs after coming to court on a charge of possessing a drug-related utensil.
The 19-year-old was found with an electric grinder that smelled of cannabis when police attended a disturbance at his Cannonvale home at 2.55pm on September 21.
Magistrate Haydn Stjernqvist remembered Wayne from a previous appearance and reminded him that there came a point where courts began considering periods of imprisonment.
“You’ve been here a lot for drugrelated offences – this is the third time this year, but it’s only property this time,” he said.
Wayne was fined $330.