Proserpine Magistrate’s Court
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.
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.
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.
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.
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.
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.