Judge not smil­ing on Ir­ish eyes

‘Rot­ten drunk’ vis­i­tor cops huge fine for po­lice as­sault

Whitsunday Times - - NEWS -

REP­RE­HEN­SI­BLE be­hav­iour landed an Ir­ish na­tional with a whop­ping fine in Proser­pine Mag­is­trates Court on Mon­day after he was charged with as­sault­ing a po­lice of­fi­cer and uri­nat­ing in pub­lic.

The court heard how Ger­ard Michael Car­lin, 27, was spot­ted by po­lice on foot pa­trols “grossly in­tox­i­cated” and try­ing to pick fights in the Safe Night Precinct, Air­lie Beach, at 1.05am on Au­gust 5.

“The de­fen­dant had no shoes and could not com­mu­ni­cate,” Po­lice Prose­cu­tor Se­nior Con­sta­ble Han­nah Beard told the court. “He stood up and started uri­nat­ing in view of the po­lice and other peo­ple, so he was ar­rested. He ran away and re­sisted ar­rest so he was wres­tled to the ground with his arms put be­hind his back and even­tu­ally hand­cuffed. He was so in­tox­i­cated he couldn’t get into the po­lice van and he kicked a po­lice of­fi­cer.

“He was taken to the Whit­sun­day watch house but wouldn’t be quiet and he was placed in a cell where he uri­nated on the floor twice.”

Duty Lawyer Cleo Re­wald said Car­lin, who recorded a read­ing of 0.262, was very em­bar­rassed and ex­tremely re­morse­ful.

“This is very out of char­ac­ter for him,” she said.

“He has been in Aus­tralia on a work­ing hol­i­day visa since Fe­bru­ary 2018 and has been work­ing at the

Collinsville so­lar farm – this is the first time he’s had any is­sues.

“He does not re­call that night at all but ac­cepts what hap­pened; and there doesn’t ap­pear to be any sig­nif­i­cant in­juries to the po­lice of­fi­cer.”

Mag­is­trate Si­mon Young said Car­lin had a lack of his­tory and had pleaded guilty early, but he had “got him­self ab­so­lutely rot­ten drunk and at­tacked a po­lice of­fi­cer”.

“Not­with­stand­ing that, it does ap­pear to be out of char­ac­ter and per­haps a one-off,” he said.

“How­ever, your be­hav­iour was rep­re­hen­si­ble and you are right­fully em­bar­rassed about it and your read­ing.

“It is a mat­ter that this court takes very se­ri­ously be­cause too many po­lice of­fi­cers re­ceive in­juries from peo­ple like you and this re­quires gen­eral de­ter­rence to show peo­ple it is not ac­cept­able.”

Mr Young said ob­struct­ing a po­lice of­fi­cer usu­ally came with com­mu­nity ser­vice, by law, but this was out of the ques­tion be­cause Car­lin was due to fly to Sydney that day.

“So per­sonal cir­cum­stances jus­tify sig­nif­i­cant fines,” he said.

He fined Car­lin $2750 for three of­fences – two charges of as­sault or ob­struct a po­lice of­fi­cer and the uri­nat­ing in pub­lic of­fence.

“It is not nor­mal to record con­vic­tions for a first of­fence but then a first of­fence is not of­ten as­sault­ing a po­lice of­fi­cer – I will be record­ing con­vic­tions,” Mr Young said.

Newspapers in English

Newspapers from Australia

© PressReader. All rights reserved.