Warning to man who ‘mooned’ at police
PROSERPINE magistrate Haydn Stjernqvist warned a man who ‘ mooned’ at Whitsunday Police that probation was merely the last box ticked on a journey to a prison cell.
Martin Dale Pataczek was in court on Monday charged with committing a public nuisance offence, obstructing police, trespassing and wilfully damaging a fence.
At 11.45pm on October 25, police were arresting another man outside Magnums, Airlie Beach, when Pataczek began yelling at them to stop.
Police prosecutor Elizabeth Smith said he was warned not to interfere but started yelling at nearby security guards as well.
Ms Smith said when police approached Pataczek, he dropped his pants, bent over, exposed his buttocks, then redressed and ran towards Waterson Way.
According to Ms Smith while Pataczek was running he knocked another person over outside the Boom nightclub. At ABC Travel, she said he tried to climb over a small Colorbond fence, damaging a panel beyond repair. He then ran through a laneway to a carpark where he was found trying to hide near a large skip.
Ms Smith said Pataczek started “shaping up” to police and challenged them to a fight. She said a Taser was presented and although Pataczek initially became compliant, he again challenged to police to stop their car and fight him on the way to the watch house.
Duty lawyer Sherrie Meade said the 28-year-old cook had issues with his friend being arrested and matters just escalated after that.
She said he was “very intoxicated” and while that didn’t excuse his behaviour it did explain it somewhat.
Mr Stjernqvist took a look at Pataczek’s criminal history saying there were “some horrible offences” on it.
“And once again you’ve given a court the opportunity to have a look at it. You should from this day forward conduct yourself in such a way that this document doesn’t see the light of day again,” he said.
Mr Stjernqvist warned Pataczek he was “on the threshold of a court ordering periods of imprisonment” as he placed him on probation for 18 months.
He said Pataczek, who was also banned from licensed premises in the Airlie Beach Safe Night precinct (SNP) from the hours of 7pm-5am until December 1, could avoid that happening or he could carry on coming back to court.
“It’s your choice,” he warned.