Proserpine Magistrate’s Court
Over the limit
Troy Allan Campbell pleaded guilty to driving while over the general alcohol limit. At 7.40pm on October 3, Campbell was driving a white Toyota on Waterson Way, Airlie Beach, when he was intercepted for a random breath test.
He admitted consuming beer and scotch prior to driving and returned a reading of 0.066 per cent. He was fined $330.
Scourge of drugs
An 18-year-old Burdekin man who was found with a white crystal substance after also contravening a police banning notice at Airlie Beach, has been warned about “the scourge of drugs”.
Carter Bryce Dal Ponte was one of two men evicted from Airlie’s Magnums Hotel on the evening of October 11. At 8.30pm, police patrolling the Safe Night Precinct received a request for assistance from security guards, who said the men were leaning over the barricades, talking with a group of friends and consuming alcohol.
Police prosecutor Elizabeth Smith said Dal Ponte became argumentative and abusive towards police.
She said he was issued with a police banning notice but did not leave the area, eventually just crossing the road, where he was arrested.
Back at the watch house Dal Ponte’s property was searched and a clip seal bag containing a white crystal substance, believed to be methyl amphetamine was found.
Dal Ponte’s defence solicitor produced character references describing him as a respectful, mature young adult, for whom this type of behaviour was out of character. He also said Dal Ponte was staying at Magnums and had walked across the road to collect the key to his accommodation from his friends.
Magistrate Haydn Stjernqvist took this into account but said it should have been mandatory for young people to watch last week’s ABC Four Corners program about “the scourge of drugs”.
For contravening the banning order, Dal Ponte was fined $220. For the drug offence he was placed on a $440, four-month good behaviour bond, conditional upon attending a drug diversion session in March, 2015.
Tyrone Phillip Fischer said taking morphine-based pain killers after a car accident three years ago had awoken “a little bit of a monster” with respect to his dependency on drugs.
The 48-year-old, who broke his neck in the crash, was found with 10g of cannabis, a quantity of cannabis seeds, a water pipe, scissors, scales and a number of syringes on a cupboard shelf, when detectives from the Whitsunday Criminal Investigation Branch (CIB) executed a search warrant at his Cannonvale address on October 7.
Fischer, whose previous drug history was noted, said he’d got himself “stuck between a rock and a little bit of a stupid place”.
He was fined $880.
Ethan D’Arcy Gallop pleaded guilty in writing to a public urination charge, relating to an incident in the Airlie CBD at 3.40am on October 11.
The 22-year-old was fined $220 but no conviction was recorded for the offence.
Fined and disqualified
Tania Kathy Lembeye was fined $330 and disqualified from driving for one month after pleading guilty to a drink-driving charge.
The 27-year-old foreign national was caught driving an orange Holden Barina hatchback on Waterson Way, Airlie Beach, at 12.50am on October 4. Her breath alcohol concentration reading was 0.060 per cent.
Without due care
Duty lawyer Sherrie Meade said Zachary Mark Mader appreciated the gravity of being charged with possessing drugs and items used in the commission of crime.
On October 7, detectives from the Whitsunday Criminal Investigation Branch (CIB) executed a search warrant at Mader’s Cannonvale home finding 0.3g of cannabis, a pair of scissors and a set of digital scales.
The 26-year-old was fined $550 but no convictions were recorded for either offence.
Daniel Craig Martin was not present in court to answer charges of driving a van that was unregistered, uninsured and bearing plates belonging to another vehicle.
These and an unlicensed driving charge were dealt with in his absence.
The court heard that at 8.40am on October 14, Martin was seen pushing a white Toyota van through the intersection of Shute Harbour Road and Island Drive, Cannonvale.
Police prosecutor Elizabeth Smith said Martin told police he bought the van from French backpackers about two weeks prior. She said he knew it was unregistered but was not aware that the plates belonged to a box trailer.
Ms Smith said Martin also told police he was taking the van to the area around Carlo Drive, where he planned to sleep in it as he was currently homeless. He was fined $660.
James Keith David McEwan returned what was described as “a big reading” when he was breathalysed at 12.55am on October 12. The 32year-old was intercepted for a random breath test while driving a Nissan wagon on Shute Harbour Road, Cannonvale.
His BAC reading was 0.180 and further checks revealed he was also subject to a six-month demerit-point suspension, issued on June 11, 2014. Police prosecutor Elizabeth Smith noted McEwan had “some big readings on his history” although there was nothing in the past five years. Magistrate Haydn Stjernqvist said it was the reading that would help determine the penalty – a $1400 fine and total disqualification of 18 months.
Banning order breached
Geoffroy Monnet was fined $220 after pleading guilty to contravening a banning order. The 31-year-old was banned from attending licensed premises in Airlie Beach when he attended the Proserpine Magistrate’s Court on October 9.
At 10.55pm on October 16, Monnet was seen trying to enter the Mama Africa nightclub. Duty lawyer Sherrie Meade said he was simply talking to a security guard at the entrance about the possibility of a job in Townsville, but she admitted he was on what could be considered licensed premises.
No conviction was recorded for the offence.
Graeme Robert Nolan pleaded guilty to driving without due care but told the court that medication was found to have played a part.
The 68-year-old Mt Julian resident was seen veering off the road in his silver Toyota while driving into Gympie on the Bruce Highway on September 4.
Police prosecutor Elizabeth Smith said a short time later, police saw Nolan driving up the middle of the northbound lane, with the vehicle’s wheels on either side of the white lines.
Nolan told the court his licence was consequently suspended for five weeks, during which he had to obtain medical reports at a cost of more than $4000.
He said a neurologist’s report con- cluded the medication he was on was a contributing factor, and that he now had his licence back, subject to certain conditions.
“So you’re confident you’re not putting yourself at risk on the road, or anyone else,” magistrate Haydn Stjernqvist asked, to which Nolan replied that he was “now conscious” of the situation.
Nolan was fined $550 but no issue was taken with his licence.
Catherine Jane Parkinson was fined $330 after pleading guilty to possessing an unregistered firearm. The court heard that Parkinson was the holder of a current Queensland licence for Category A and B weapons and that she had several firearms correctly registered in her name.
At 11am on September 23, police attended her Crystalbrook address where a .22 bolt action rifle not on the list was found.
Parkinson told police the gun belonged to her partner and she had no reason to believe it was not registered.
Defence solicitor John Ryan noted steps had now been taken to register the weapon and that when found, it was properly secured.
Magistrate Haydn Stjernqvist took this into account and instead of making a forfeiture order he ruled that the rifle could be delivered into the custody of a properly licensed person when proven to be registered.
Thomas Matthew Francis Robinson apologised to the court for committing a public nuisance offence.
At 1am on October 12, police responded to a call for assistance from security guards at Paddy’s Shenanigans in Airlie Beach, where Robinson and another man had been evicted.
Police prosecutor Elizabeth Smith claimed Robinson jumped on the back of security guards as they attempted to deal with his friend.
In court on Monday, Robinson said he felt this was “slightly incorrect”.
“But other than that, I apologise for my actions, it was slightly out of character and it won’t happen again,” he said.
The 26-year-old received a $330 fine.
Todd Patrick Sherlock told the court he tried to” walk away” on the night when he committed a public nuisance offence.
The 18-year-old Dysart resident was one of two men seen fighting outside Airlie’s Mama Africa nightclub at 3.22am on October 5.
Police prosecutor Elizabeth Smith said the fight was a follow-on from a verbal altercation inside the nightclub earlier that night.
Sherlock said he didn’t deny this, but “did try to walk away” before being followed.
“And it kind of just went from there and I fought him back,” he said.
Magistrate Haydn Stjernqvist noted the time of the offence was “bed time”.
Sherlock was fined $330 but no conviction was recorded for the offence.
Dillon-Jay Van Cornewal pleaded guilty to possessing cannabis and a water pipe.
At 8.15pm on September 19, police were called to a disturbance at the 22-year-old’s Proserpine address where a bowl containing one gram of cannabis and a water pipe were found.
In court on Monday, Van Cornewal had nothing to say in his defence but asked if his name could be kept out of the local paper.
Magistrate Haydn Stjernqvist ex- plained this was “open court”, where any member of the public was entitled to walk in, and he also noted Van Cornewal’s history.
“If you don’t want your name in the paper, stay away from this stuff,” he advised.
Van Cornewal was fined $770.
Out of character
A mid-range drink driving offence was deemed to be out of character for Nicholas Steven Watson, who blew 0.130 on October 3.
The 27-year-old local was caught towing a boat on Paluma Road, Cannonvale at 10.15pm. He admitted drinking six stubbies of XXXX Gold from 3.30-8.30pm while fishing.
In court on Monday he provided good character references and promised “it won’t happen again”.
He was fined $660 and disqualified from driving for five months.
Drinking to forget
Duty lawyer Sherrie Meade said Emily Charlotte Webb had been drinking “to try and forget” on the night she committed a string of offences in Airlie Beach.
The 21-year-old UK national pleaded guilty to being refused entry to a licensed premises, obstructing police, wilfully damaging police property and contravening banning orders.
At 1am on October 11, the solo traveller was refused entry to Paddy’s Shenanigans on the Airlie main street.
Police prosecutor Elizabeth Smith said Webb refused to move out of the doorway, saying she was not that drunk and should be allowed in.
Ms Smith said police explained she was committing an offence, following which, Webb resisted arrest and had to be restrained and handcuffed.
Back at the watch house, Webb was eventually moved to a violent detention cell where she spat at police through the door and urinated on the floor.
The court heard that Webb was issued with a police banning notice on October 11, which was extended for three months until January 21, 2015.
On October 23 she was found inside Paddy’s Shenanigans consuming alcohol, in contravention of that order.
In her defence, Ms Meade said Webb had been going through a lot of very personal issues and was very remorseful for what she had done.
Speaking for herself, Webb said she was ashamed and could hardly remember what had occurred.
“[But] I’m disgusted with what I did,” she said.
Magistrate Haydn Stjernqvist said this was an all too familiar tale.
“It’s a typical example of [the] things I hear in this room – [people falling] under the spell of the Airlie nightclub precinct,” he said.
For the events of October 11, Webb was fined $660 and for the subsequent banning order breach, she received a $220 fine.
Blake Andrew Wensley allegedly told police he knew he was banned from licensed premises in Airlie Beach but thought he would “risk it” and go out anyway.
On June 30, Wensley was issued with a banning order in the Proserpine Magistrate’s Court, prohibiting him from attending licensed premises in the CBD during certain hours.
At 12am on October 9, police received information from security guards within the Safe Night Precinct (SNP) that the 20-year-old chef was at the Down Under Bar consuming alcohol.
Police prosecutor Elizabeth Smith noted Wensley had already been before the court for breaching the order in August, with this now his second offence. “It’s just a total disregard for the order,” she said.
Wensley was fined $440.