Proser­pine Mag­is­trate’s Court

Whitsunday Times - - WHITSUNDAY VIEWS AND VIEWS -

One of those nights

Wil­liam Cor­bett said the night he dis­obeyed an of­fi­cial move-on di­rec­tion was “just one of those nights”.

The 32-year-old was is­sued with the di­rec­tion fol­low­ing his evic­tion from Paddy’s Shenani­gans at 12.03am on Oc­to­ber 3.

Mag­is­trate Haydn St­jern­qvist was cu­ri­ous about why he hadn’t com­plied with the re­quire­ment to leave the Air­lie CBD and not re­turn un­til after 8am. “Why didn’t you recog­nise that you needed to go and find a pil­low,” he asked.

Cor­bett said he was very drunk at the time of com­mit­ting the of­fence.

He was fined $330 but no con­vic­tion was recorded.

The lure of Air­lie Beach

A UK na­tional was placed on a four month, $440 good be­hav­iour bond after plead­ing guilty to pos­sess­ing drugs.

Ben­jamin Michael Fasey was brought to court in po­lice cus­tody as a re­sult of an of­fence com­mit­ted in Cairns.

At 5.30pm on Septem­ber 16, Fasey was at the Cairns Es­planade la­goon where he was found with a joint in his hand.

Mag­is­trate Haydn St­jern­qvist asked Fasey what he was now do­ing in Air­lie Beach and warned him to stay out of trou­ble here.

“Peo­ple come to Air­lie Beach hav­ing left Rome… canon­ised [and] with a halo over their heads and [still] end up in here [court],” he said.

Fasey is re­quired to at­tend a drug di­ver­sion ses­sion on Novem­ber 11 as a con­di­tion of his bond.

Traf­fic haz­ard

A man who ran out into Shute Har­bour Road, has been charged with com­mit­ting a pub­lic nui­sance of­fence and fined $220.

At 11.50pm on Oc­to­ber 4, po­lice

A lit­tle bit angry

were pa­trolling the area out­side the Air­lie Beach McDon­alds when they saw Nathaniel Robert Grieve push­ing another man be­fore fall­ing to the ground.

Po­lice pros­e­cu­tor El­iz­a­beth Smith said he then ran into the mid­dle of the road caus­ing a pass­ing car to brake sharply.

Duty lawyer Lach­lan Ygoa-McKe­own said the 24-year-old elec­tri­cian had been drink­ing at the Bowen races that day and was sorry for wast­ing the time of po­lice and the court.

Mag­is­trate Haydn St­jern­qvist con­ceded this was a “low-end” pub­lic nui­sance of­fence and chose not to record a con­vic­tion.

Re­port­ing obli­ga­tions

A man listed as a re­portable of­fender who failed to re­port to po­lice as re­quired, has been fined $880.

The court heard that Brian Ross Hall was re­quired to re­port an­nu­ally to both Queens­land and Vic­to­rian po­lice, with the Queens­land re­port to be made each Au­gust, fol­lowed by the Vic­to­rian re­port in Novem­ber.

The 60-year-old told the court he’d sim­ply got his dates con­fused.

“[But] I take my obli­ga­tions very se­ri­ously,” he said.

Thomas Jake Nick­less told the court he was “a lit­tle bit angry” on the night he de­cided to drink and drive. At 9.25pm on Oc­to­ber 2, po­lice were called to Mag­nums Ho­tel, Air­lie Beach, to as­sist se­cu­rity guards with two in­tox­i­cated and dis­rup­tive men.

The men were seen get­ting into a green Ford Fal­con and driv­ing a short dis­tance up Shute Har­bour Road be­fore pulling into a park­ing space op­po­site Beaches.

Nick­less, who got out of the driver’s seat, ad­mit­ted drink­ing about six beers and three to four vodka rasp­berry drinks that night.

His BAC read­ing was 0.072 per cent. The 21-year-old said his friend, who had just driven 2700 kms from the North­ern Ter­ri­tory, had been kicked out of Mag­nums “for no rea­son at all”.

Nick­less, who had tick­ets to a con­cert at the venue that night, was also not al­lowed back in.

He ad­mit­ted “I did kick up a bit of a fuss” and said he was angry and wanted to go home to bed.

He was fined $330 and dis­qual­i­fied from driv­ing for two months.

Topped up

Hav­ing his glass of wine topped up at a friend’s birth­day party, was men­tioned as a con­tribut­ing fac­tor in a mid-range drink-driv­ing charge against Bryan Ge­of­frey Shoe­bridge.

The 50-year-old lo­cal blew 0.141 after he was pulled over on Shute Har­bour Road, Can­non­vale, at 10.55pm on Septem­ber 27.

De­fence solic­i­tor Sher­rie Meade said Shoe­bridge had gone to the party after fin­ish­ing work at 10pm and wasn’t pay­ing at­ten­tion to how much his drink was be­ing topped up.

She said he had been driv­ing for 33 years and never been be­fore a court for this type of of­fence.

Mag­is­trate Haydn St­jern­qvist took th­ese fac­tors into ac­count but said it was the read­ing that would de­ter­mine the penalty.

“[And] the read­ing’s not in­signif­i­cant,” he said.

Shoe­bridge was fined $770 and dis­qual­i­fied from driv­ing for five months.

Money mat­ters

An ar­gu­ment over $70 led to a charge of common as­sault for Allen Kevin Thomas.

The 51-year-old New Zealand na­tional is al­leged to have grabbed his vic­tim around the throat at a Can- non­vale ad­dress on Septem­ber 15.

The court heard the pair had a long-run­ning ar­gu­ment about a sum of money Thomas be­lieved he leant to the vic­tim, but that the vic­tim de­nied.

Duty lawyer Lach­lan Ygoa-McKe­own said while $70 might seem “some­what in­con­se­quen­tial”, to Thomas, it was not.

Mr Ygoa-McKe­own ex­plained that Thomas had on­go­ing work cover is­sues after his foot was crushed in 2012 and was now re­ceiv­ing emer­gency re­lief from var­i­ous Whit­sun­day agen­cies as a re­sult.

He sub­mit­ted that Thomas was not a vi­o­lent per­son and that this was out of character.

Mag­is­trate Haydn St­jern­qvist con­ceded there was no his­tory and im­posed a fined of $550. No con­vic­tion was recorded.

Set­ting some rules

A mother and her son were both be­fore the court this week, fac­ing charges linked to the same event.

Ed­ward Martin Watkin­son pleaded guilty to drug-re­lated charges, as well as breach­ing his pro­ba­tion, while his mother, Vir­ginia Maria Watkin­son, pleaded guilty to a charge of per­mit­ting the use of her place.

At about 7pm on Septem­ber 14, po­lice ex­e­cuted a search war­rant at Mrs Watkin­son’s Proser­pine ad­dress, where her son was found with a bong, a pair of scis­sors con­tain­ing cannabis residue, a set of elec­tric scales, a metal grinder, and two clip seal bags con­tain­ing a to­tal amount of 0.6g cannabis. The 18-year-old’s Ap­ple iPhone was also found to con­tain mes­sages be­lieved to re­late to the sup­ply of drugs.

Duty lawyer Lach­lan Ygoa-McKe­own said Mr Watkin­son had been us­ing cannabis since Grade 9 and more re­cently used it to “make him­self feel happy”.

As for his 50-year-old mother, Mr Ygoa-McKe­own said she was “some­what at her wit’s end in as­sist­ing her son”.

“[But] she’d pre­fer him us­ing drugs at home in a safe en­vi­ron­ment that us­ing on the street,” he said.

Mag­is­trate Haydn St­jern­qvist ad­vised her to “set some rules”.

Mrs Watkin­son was fined $220 and her son was placed on a new pro­ba­tion or­der for 15 months, with uri­nal­y­sis con­di­tions at­tached. For breach­ing the pre­vi­ous pro­ba­tion or­der he was fined $440. There were no con­vic­tions recorded on any count.

Pool play­ers

Search­ing for a pool ta­ble was said to be the rea­son why Tom Christian Wit­tke and To­bias Kohler, broke a locked glass door at Mag­nums Ho­tel on Oc­to­ber 19.

The Ger­man work­ing hol­i­day mak­ers were evicted from the ho­tel at 12.30am after se­cu­rity found them in the closed off area lead­ing to the night­club up­stairs.

Po­lice pros­e­cu­tor El­iz­a­beth Smith said they ini­tially de­nied break­ing the door and said it was al­ready open.

Duty lawyer Lach­lan Ygoa-McKe­own said the 19-year-old’s had both been drink­ing and their mem­ory of the events was “some­what un­clear”.

He said they be­lieved there was a pool ta­ble be­hind the door and didn’t fully ap­pre­ci­ate that the area was closed. Mag­is­trate Haydn St­jern­qvist wasn’t buy­ing any of this, say­ing it was quite clear that Wit­tke and Kohler shouldn’t have been where they were de­spite what they al­leged.

Both men were fined $330 and or­dered to pay $250 each in resti­tu­tion for dam­age to the door. Con­vic­tions were not recorded.

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