Prisoner’s plea of self-de­fence

Whitsunday Times - - LOCAL NEWS -

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.

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