Prisoner’s plea of self-defence
A 31-YEAR-OLD Cannonvale man charged with being a public nuisance and damaging police property has two more months to spend behind bars.
Michael Glenn Ashlin appeared in the Proserpine Magistrates Court on Monday via a video link with the Capricornia Correctional Centre where he has been in custody since April 23.
The court heard he was arrested after a fight with another man in the driveway of a Whitsunday apartment complex at 10.40pm on April 20.
Prosecutor Elizabeth Smith said police arrived to find Ashlin sitting on the concrete with blood on his face.
She said police separated him from the other man – Donald McLeod, who was also charged with a public nuisance offence.
According to Ms Smith, police spoke to witnesses who said Ashlin had been verbally argumentative and had physically assaulted the other man.
Ms Smith told the court that after his arrest, Ashlin deliberately spat on the CCTV camera in his holding cell.
She said he repeated this behaviour when he was moved to another cell, adding the holding cells could not be used until they’d been cleaned.
In court on Monday, Ashlin admitted having an argument with McLeod but said he thought it was “all over and done with”.
He also accused McLeod of swinging the first punch, saying there was “no other option but to defend myself”.
“He’s a lot bigger than I am and I was just defending myself,” Ashlin said.
Magistrate Haydn Stjernqvist noted Ashlin was originally from Victoria where his history must have been significant “with the numbers I’m looking at here”.
Mr Stjernqvist said Ashlin had already served presentence custody at the start of the year.
He also noted a warrant had been issued because of Ashlin’s re-offending while already on parole.
Ashlin was sentenced to a total of four months behind bars, cumulative with his original sentence.
He will be eligible for parole on July 17.
Meanwhile, 42-year-old Donald McLeod, the other party in the matter, pleaded guilty to his public nuisance charge.
He was fined $440.