Proser­pine Mag­is­trate’s Court

Whitsunday Times - - WHITSUNDAY NEWS AND VIEWS -

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.

Mon­ster awo­ken

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.

Pub­lic uri­na­tion

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.

Mo­bile home

Big read­ing

With­out due care

Grav­ity ap­pre­ci­ated

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.

Un­reg­is­tered firearm

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.

Walk away

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.

Open court

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.

To­tal dis­re­gard

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.

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