Ban­ning or­der ‘a damp­ener’ for Air­lie Beach-based man

Whitsunday Times - - LOCAL NEWS -

AN Air­lie Beach man who hasn’t been able to stay away from the town’s night­club strip, de­spite be­ing of­fi­cially banned, has been placed on pro­ba­tion for the next 12 months.

James Ron­ald Davis was brought to the Proser­pine Mag­is­trate’s Court in po­lice cus­tody on Mon­day, charged with two counts of con­tra­ven­ing his ban­ning or­der and one of wil­fully dam­ag­ing po­lice prop­erty.

The court heard Davis was banned from at­tend­ing li­censed premises in the Air­lie CBD for 12 months on April 1.

At 12.01am on Oc­to­ber 5, po­lice were ex­e­cut­ing a walk-through of Mag­nums Ho­tel when they no­ticed the 32-year-old in the night­club area.

At 3.35am on Oc­to­ber 10, he was again found in the CBD, this time at the en­trance to Mama Africa, where he had a night­club en­try sticker at­tached to his clothes.

Po­lice pros­e­cu­tor El­iz­a­beth Smith said Davis was ar­rested and lodged in the watch house where he was given a pair of shorts to re­place his own, which were fit­ted with metal clips.

At 8am, po­lice found Davis in his cell not wear­ing any shorts. Ms Smith said the watch house shorts were sub­se­quently found cov­ered in fae­ces and clog­ging the toi­let bowl.

Speak­ing in his de­fence, Davis said he had asked for toi­let pa­per but wasn’t given any.

Mag­is­trate Haydn St­jern­qvist asked him how long he had been liv­ing in Air­lie Beach, to which he replied “about eight months”.

“So you’ve im­me­di­ately started ap­pear­ing in court,” Mr St­jern­qvist ob­served.

“Un­for­tu­nately I’ve stuffed from the start,” Davis ad­mit­ted.

“[And] not be­ing able to go out puts a damp­ener on your life­style,” he said.

“There’s a rea­son for that,” Mr St­jern­qvist re­marked.

“You can go to jail for a year for con­tra­ven­ing a ban­ning or­der,” he warned.

In ad­di­tion to be­ing placed on pro­ba­tion and with the ban­ning or­der still in force, Davis was re­quired to pay $30 resti­tu­tion to cover the cost of the watch house shorts.

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