Proserpine Magistrate’s Court
A WHITSUNDAY man who “didn’t know” he was still banned from licensed premises in Airlie Beach has narrowly escaped jail time.
Steven Frederick Lawler appeared in custody in the Proserpine Magistrates Court on Monday morning charged with the contravention of a banning order while serving a suspended sentence.
The court heard how at 1.20am on May 4, police found Lawler drinking inside Paddy’s Shenanigans.
Police spoke with Lawler, informing him his banning order was still current, prompting Mr Lawler to reply, “Are you serious? I didn’t know that.”
Duty lawyer Sherrie Meade told the court the 38-year-old, who is currently on a suspended sentence, had just recently returned to Airlie Beach and that the offence was “purely oversight on his behalf”.
Magistrate Ron Muirhead told Lawler he had a history of breaching bail, probation, failing to comply with the directions of police officers and now again failing to comply with a banning order.
“That carries up to six months imprisonment,” he said.
However, he accepted that the banning order was almost completed and due to expire on June 13.
Lawler was convicted and fined $800 and the operational period of his suspended sentence was increased by six months.
A Proserpine man who was caught driving while over the BAC limit and sipping on a beer has been convicted and fined $300 and disqualified from driving for one month.
His application for a work licence was also rejected.
The court heard how police had intercepted John Richard McKellin’s Hyundai hatchback after they clocked it doing 117kmh on the Bruce Hwy at 9.20pm on April 7.
Mr McKellin told police he had drunk four stubbies before driving and was sipping on a beer as he drove.
He later returned a BAC reading of .064.
Magistrate Ron Muirhead told McKellin, who was applying for a work licence, that he could not see “how a court would say you are a fit and proper person with respect to your previous record”.
A 30-YEAR-OLD Airlie Beach man who “consumed a stupid amount of alcohol” and started a brawl has been sentenced to 60 hours community service.
Philip John Reilly appeared before the Proserpine Magistrates Court on Monday charged with committing a public nuisance offence and assaulting or obstructing a police officer while drunk.
The court heard how Reilly had been evicted from Paddy’s Shenanigans at 2.45am on April 10 and crossed the road to a snack bar.
Police observed Reilly start a conversation with a group of men in the bar, before he started shouting and repeatedly punched one of the men in the face.
A scuffle ensued and police ran into the store to break up the fight and place Reilly under arrest.
During the arrest, Reilly pushed a constable in the chest.
Duty lawyer Sherrie Meade told the court that Reilly had been out celebrating a friend’s birthday and was “foolishly” trying to keep pace with “some very seasoned drinkers”.
Magistrate Ron Muirhead said that “anyone who behaves like that... normally the public would expect that person to go to prison”.
“Now it appears to be out of character for you... brought upon obviously by drinking too much alcohol.
“It would be unfair in my view to send a first-time offender to prison.”
A conviction was not recorded.
Ignorance is not bliss
A FRENCH national who wasn’t aware of the Australian drink driving limit despite spending more than six months in the country has been convicted and fined $500 and disqualified from driving for three months.
Police intercepted Romain Stanislas Saunal at 3.20am on April 22 in Cannonvale.
He returned a positive reading for a breath test and later recorded a BAC level of 0.84.
At the time, he told police he wasn’t aware of the drink driving limit of .05.
In court on Monday he apologised for his actions.
A FATHER of 10 children who has never held a licence has been convicted and fined $600 for two offences and disqualified from driving for one month.
The Proserpine Magistrates Court was told how police were conducting patrols of Conway Rd on April 8 when at 6.20pm they saw a white Ford Falcon, driven by Jamie Raymond Desnica, travelling towards them.
When police later discovered the car hiding in the driveway of a residence on Conway Rd, the car drove further into the residence.
Police spoke to Desnica, who said he was taking the car for a drive to see if his tail lights were working.
Checks revealed he was unlicensed and the car was unregistered.
They then seized his number plates for 90 days.
Desnica told the court that he was travelling to town to buy some baby formula for one of his children and there was no other way to get there.
“I’ve gone to go for my Ls a couple of times and failed so I just never went back for it,” he explained.
A PROSERPINE man has been convicted and fined $1200 and disqualified from driving for nine months after recording a BAC reading of .151.
Matt Connors was intercepted by police on Shute Harbour Rd, Cannonvale, at 3.15am on April 11 and admitted to having consumed liquor.
The court heard how he was a dedicated member of the community and it was the first time he had been charged with a drink driving offence.
A conviction was not recorded.
A DRUNKEN 22-year-old who caused $1110.20 damage to a stranger’s motorbike after he tried to sit on it was given a six-month good behaviour bond on Monday.
The court heard how Dylan Patrick William Carew was drunk when he entered a driveway on Summit Ave and attempted to climb onto a motorbike, causing it to fall and sustain damage.
“Misunderstanding bro, misunderstanding,” Carew is alleged to have said to the owner of the motorbike when he came to investigate the noise in his driveway.
Carew then tried to put his arms around the motorbike owner.
The court was told there was no malicious intent in Carew’s actions.
As Carew was able to pay the $1110.20 restitution sought by the court, he was given a six-month, $600 good behaviour bond.
No conviction was recorded.
SHANE William Gardner has been convicted and fined $450 for possessing 1.4g of cannabis.
The Proserpine Magistrate’s Court heard how police had discovered the drug inside a suitcase in Gardner’s bedroom during a search of his house.
Gardner said he had forgotten the cannabis was there.
No conviction was recorded.
A CANNONVALE man facing a slew of drug-related offences has been sentenced to 15 months probation.
At 7.30am on March 26, Whitsunday police conducted a search of Gavin John Barr’s Coral Esplanade unit, but were told he was moving out.
A search of the unit uncovered a small quantity of can- nabis.
At 8.10am police took up with Barr at a Beach Rd address.
After speaking with Barr, police declared an emergent search and located two bongs, a used syringe, two clip-seal bags of methamphetamine, cannabis, a coffee grinder and digital scales, along with a phone which contained several text messages relating to the supply of dangerous drugs.
All property was forfeited for destruction.
KIRRA Ashley Balderston has appeared before the Proserpine Magistrates Court for possessing cannabis.
A police search of her address located a 1g of cannabis in a clip-seal bag in her bedroom.
Balderston said she was planning to travel overseas in the future and asked for a conviction not to be recorded.
Magistrate Ron Muirhead fined her $400 and did not record a conviction.
JONATHON Taylor Gee has been fined $150 for possessing a knife in a public place.
Police prosecutor Elizabeth Smith told the court that at 1.45pm on March 19, detectives were conducting patrols of Airlie Beach when they intercepted a silver sedan.
The occupants of the car were “verbally aggressive” towards police during the intercept.
A police search of the vehicle uncovered a knife in the glovebox, which they were told was a fishing knife.
No conviction was recorded.
A LOCAL man who police had to taser during a confrontation has been convicted and fined $800.
The court heard how at 12.45am on April 25, police were conducting foot patrols of Shute Harbour Rd when they noticed a disturbance outside Breeze Bar.
Christopher Anthony Power, 19, had placed a man in a headlock and was continuously striking him in the face, causing blood to spill from the man’s mouth.
Despite warnings from police, Power continued to punch the man in the face.
Police then tasered him and placed him under arrest, charging him with a public nuisance offence.
No conviction was recorded.
Blood spitter fined
A 22-YEAR-OLD man alleged to have spat blood onto the counter of the Whitsunday Police Station has been fined just $600 after making submissions to the court on his own behalf.
Bradley Robert Huston, who lives at The Leap, was in the Whitsundays on a holiday when he committed the offences of public nuisance and wilful damage to police property on April 6.
On Monday, the Proserpine Magistrate’s Court heard how he drank a carton of midstrength beer with his brother and his brother’s partner at a Dingo Beach holiday house.
Police prosecutor Elizabeth Smith said he then became argumentative and moody with family members, went to a parked car and jumped on the bonnet, damaging it.
Ms Smith said he then fell asleep on the road.
At 10.30pm Huston was arrested and taken to the watchhouse.
Ms Smith said en route he made several attempts to kick the doors and windows of the police car pod and once at the station he spat blood onto the counter twice.
In court on Monday, Huston disputed this version of events, saying “there’s so many things with that court brief it’s not even funny”.
“(I) was very happy to go to the watchhouse, (I) didn’t want to be at Dingo Beach anymore,” he said.
As for the blood, Huston told the court he’d needed to urinate while in the police van.
He said he tapped on the viewing slot and “after about two to three minutes of that I kicked the back of the viewing slot”.
It was at this point Huston claims the driver slammed the brakes on causing him to hit his head and resulting in bleeding from the nose and mouth.
At the station he claimed he simply opened his mouth “and let my blood fall out”.
After hearing these submissions magistrate Ron Muirhead said he intended to impose fines a lot lower than he originally had in mind.
STEVEN William Deshong faced the Proserpine Magistrates Court on Monday charged with possessing dangerous drugs.
A police search of his Florence St address on April 24 located 1.2g of marijuana.
The court heard that after 30 years as a carpet layer, Deshong had aches and pains which he self-medicated with cannabis.
A PROSERPINE man who wanted to fight a police officer outside the Grand Central Hotel has been sentenced to 75 hours community service for two offences.
The court heard how police were driving through the main street of Proserpine at 12.48am on April 10 when Ashley Martin Zarins yelled out words to the effect of “What the **** do you want?” at the passing car.
When police stopped to check on Zarins, he began swearing at them. After police told Zarins he was under arrest for committing a public nuisance offence, the 28-yearold formed clenched fists with his hands and refused to get into the police vehicle, calling the officers “****ing clowns”.
While he was being helped into the police car, Zarins attempted to headbutt a police officer.
After being lodged he was bundled into the watchhouse. Zarins’ violent behaviour continued, so he was placed in the violent detention cell.
Duty lawyer Sherrie Meade told the court that Zarins had since come to the conclusion that he needed to do something about his alcohol use.
“He is remorseful for the remarks he made to police,” she said.