Warn­ing to man who ‘mooned’ at po­lice

Whitsunday Times - - LOCAL NEWS -

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.

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