Proserpine Magistrate’s Court
RHYS David Adamson allegedly told police he wasn’t a regular drug user but took ecstasy sometimes when he was out in Airlie Beach.
The 19-year-old was in court on Monday charged with possessing the drug after an incident at Airlie’s Boom nightclub in the early hours of December 28.
Police prosecutor Elizabeth Smith said Adamson was seen by security guards handing half an ecstasy pill to a woman inside the club.
When questioned by police he said he’d bought the pill, a ‘transformer’ from an unknown person on the foreshore, taking half of it in the nightclub before trying to give the other half to a female friend.
Defence solicitor Sherrie Meade said this whole experience had been a very big eye-opener for the young man who learned his actions could have had “very, very serious consequences”.
Magistrate Haydn Stjernvist noted these serious consequences could have included the pill containing something like “rat poison” and the woman he’d tried to give it to dying as a result.
“Then that’d be an eye-opener,” Mr Stjernqvist said, warning “there’s no future in it”.
Adamson was placed on a $440, four-month good behaviour bond, conditional upon attending a drug education session on March 23. No conviction was recorded.
History not the best
A MAN who crashed his motorbike after drinking four or five pots of beer in the preceding hour has been fined $770 and disqualified from driving for five months.
Peter James Benham had been drinking with his girlfriend at Montes resort before deciding to ride back to Airlie Beach on December 21.
Police were called to their singlevehicle accident on Gloucester Avenue, Hydeaway Bay, at 6pm.
Police prosecutor Elizabeth Smith said Benham told police he’d failed to negotiate a bend and hit the gravel where the bike slid out from under him.
Benham and his passenger were both taken to the Proserpine Hospital where Benham’s blood returned an alcohol reading of 0.105.
Further checks revealed Benham held an RE Learner’s licence and he was only allowed to ride in the company of a supervising open licence-holder.
In court on Monday, he pleaded guilty to charges of mid-range drink-driving, not having proper control and failing to comply with his licence requirements.
Magistrate Haydn Stjernqvist noted Benham’s traffic history was “not the best I’ve seen”.
TYLER Denzel Birtles punched the passenger side mirror of a taxi in Airlie Beach because he was angry about waiting for an hour for a ride home.
At 3.55am on January 1, police in the Airlie Beach Safe Night Precinct (SNP) were flagged by the taxi driver in question outside the Mama Africa nightclub.
Police prosecutor Elizabeth Smith said Birtles had been standing in the middle of the road when the taxi approached, forcing the driver to manoeuvre around him.
When police arrived, Birtles allegedly told them he’d called a cab at least four times and was unable to walk to the taxi rank because his leg had recently come out of a cast.
Ms Smith said he demanded police call him a cab before becoming aggressive and striking out at one of the officers.
The 19-year-old New South Wales resident travelled back to the region on Monday to deal with the charges of public nuisance and obstructing police, with his mother and solicitor in tow.
Sharon Ramsden, from Marsdens Law Group, said Birtles had been here celebrating New Year. She said he admitted hitting the taxi and described it as somewhat of an “impulsive act”. She also admitted he wasn’t compliant with police but said this was an isolated offence.
Magistrate Haydn Stjernqvist agreed for a public nuisance offence this was probably at the lower end of the scale.
Birtles was fined $550 but convictions were not recorded on any count.
Foolish and irresponsible
DEFENCE solicitor Owen Perkins said David Francis Dunne realised the “foolishness and irresponsibility” of his decision to drink and drive.
Dunne blew 0.118 when he was pulled over at a static RBT on the Bruce Highway at Proserpine on the evening of February 24.
He admitted drinking an unknown quantity of XXXX Gold while out fishing that day.
Mr Perkins said the 31-year-old would usually catch a cab to and from places where he drank so this was out of character for him.
Magistrate Haydn Stjernqvist noted Dunne had two previous entries on his history but both outside five years.
Dunne was fined $660 and disqualified from driving for three months.
Still very young
A 17-YEAR-OLD caught trespassing at Proserpine’s Faust’s IGA has been placed on a good behaviour bond of $500 for nine months.
Brendon Milton Jeffrey was banned from the supermarket on October 24 but went there anyway at 3.40pm on February 23.
The teenager was supported in court on Monday by his father and mother and represented by duty lawyer Lachlan Ygoa-McKeown who pointed to his relative youth.
“You’re still very young,” magistrate Haydn Stjernqvist agreed.
“And you need to make some decisions fairly quickly.”
No conviction was recorded.
DRIVING after drinking on a ferry ride to Airlie Beach landed Benjamin Andrew Mercer with a notice to appear in court.
Mercer was pulled over at a static RBT site on Shute Harbour Road at 7.30pm on February 25. He told police he’d drunk two Great Northern beers and two James Squires’ on his way back from Hamilton Island that night. His breath alcohol reading was 0.069.
He pleaded guilty in writing to the charge and was fined $220 and disqualified from driving for one month.
LEITH David Mitchell pleaded guilty to a public nuisance offence but asked for no conviction to be recorded.
The 26-year-old local was arrested after resisting eviction from Paddy’s Shenanigans in Airlie Beach at 1am on February 21.
Police prosecutor Elizabeth Smith said he tried to punch a security guard and was swinging his arms around violently.
Duty lawyer Lachlan YgoaMcKeown said Mitchell had been asked to leave because he was on the dance floor with no shoes. He said the shoes had broken and Mitchell was trying to explain that.
Mr Ygoa-McKeown acknowledged the two previous public nuisance offences on Mitchell’s history but he said the young man still wanted to travel and had plans to snowboard in places like Canada which a conviction would prevent.
Magistrate Haydn Stjernqvist said in his opinion Mitchell had been dealt with leniently in the past but while he fined him $660 he agreed not to record the conviction.
“But Mr Mitchell, gee whiz that is the last time,” he said.
Something else on
SHANE John Neilson pleaded guilty in writing to contravening a police requirement. The 29-yearold accepted a drug diversion on September 17 but did not show up as required on October 14. When police spoke with him on February 27, he apparently told them he had “something else on”. He was fined $440.
FACING court on charges of failing to leave a licensed premises, as- sault occasioning bodily harm and committing a public nuisance offence were said to be a valuable reminder to Duane Paul Smith about the effects of alcohol.
At 11.38pm on February 28 police were called to Magnums Hotel, Airlie Beach, where the 36-year-old Cannon Valley man was seen resisting a security guard.
Police prosecutor Elizabeth Smith told the court the security guard had asked Smith to leave due to his excessive level of intoxication. She said Smith had asked if he could give the rest of his beer to a friend. The security guard said this was alright so Smith then asked if he could stay.
On being told “no” Smith headbutted the security guard in the left side of the face inflicting bruising and a cut above the left eye.
The court was told this type of offence, committed in a Safe Night Precinct, was now subject to mandatory community service in addition to whatever other penalty the magistrate might choose to impose.
Smith’s defence solicitor described him as a man who didn’t frequently drink alcohol but had gone to a work function earlier that day where he made the “regrettable decision” to drink spirits and play drinking games.
The court was also told he’d written an apology to the security guard.
Magistrate Haydn Stjernqvist said these were serious offences but Smith’s level of remorse led him to conclude this was “somewhat out of character”.
Smith was fined $1000, ordered to pay $500 compensation for the pain and suffering he caused and to complete 40 hours community service.
Scales for baby formula
KERRIE-ANN Marie Wills pleaded guilty to possessing cannabis, a glass pipe and a set of scales although she told police the scales were used to weigh baby formula for a friend’s child.
These items were found at her Cannonvale address when police conducted a search at 9.05am on February 21.
Police prosecutor Elizabeth Smith said Wills also told police she’d had friends round for a party on the previous night although the unit didn’t look as though a party had been held there.
The 31-year-old was placed on a $440 good behaviour bond for four months, conditional upon attending a drug diversion session on March 23.
“[And] don’t attend under the influence of drugs, alcohol or baby formula,” magistrate Haydn Stjernqvist said, later remarking that as far as he remembered baby formula was usually measured with a scoop.