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