Proser­pine Mag­is­trate’s Court

Whitsunday Times - - LOCAL NEWS -

Mem­ory lapse

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.

Thirsty driver

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”.

Fool­ish drinker

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.

Slow learner

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.

Drink driver

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.

Mis­un­der­stand­ing, bro

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.

Drug of­fence

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.

Nu­mer­ous of­fences

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.

Drug of­fence

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.

Knife pos­ses­sion

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.

Vi­o­lent drunk

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.

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