Proser­pine Mag­is­trate’s Court

Whitsunday Times - - WHITSUNDAY VIEWS -

Un­li­censed driver

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.

Deeply em­bar­rassed

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

Bad decision

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.

In charge

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.

Gen­uinely sorry

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.

Drugs found

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.

Only prop­erty

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.

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