MAINLAND MOVE AFTER COP ASSAULT
‘It’s very disappointing in the context of everything that happened that you would make a threat against a (person)’
A hospitality worker on Magnetic Island was forced to move to the mainland after spitting in the face of police and threatening to harm an officer’s relative, a court has heard.
Ellouize Maree Rosario, 29, shed tears as she faced Townsville Magistrates Court on Friday, charged over an incident at the Base Resort, Nelly Bay, on November 18, 2022.
The 29-year-old pleaded guilty to seven charges, including serious assault police officer by spitting and two counts of committing a public nuisance in a licenced premises.
The court heard Rosario was involved in a “brawl” that broke out at the resort about 10.40pm.
Her defence lawyer said she met two men there she believed had something to do with her brother’s disappearance on the island.
The court heard
her brother Ben Chrisholm, 22, went missing last July and still hasn’t been found.
Magistrate Steven Mosch said he acknowledged her offending took place during a “traumatising” time for Rosario and her family.
“I’m told you struck one of them in the face and throat with a hand,” he said.
“It’s said another man was grabbed by you and flung to the floor. It seems then a member of management restrained you.”
He said when police arrived on the scene Rosario approached them and became abusive, using foul and disgusting language.
The court heard she was then arrested, and she resisted violently.
“You were secured in a police vehicle, and one of your friends offered to intervene and attempt to calm you down,” Magistrate Mosch said.
“Access was given to the friend, but you tried to exit the police vehicle.
“When a police officer tried to stop you from doing so, you spat directly in his face.”
The court heard Rosario was still “hysterical” after being taken to the local police station.
“Concerningly, you were making threats about a (relative) of a police officer … threats to have his (relative) assaulted and raped,” Magistrate Mosch said.
“I’m told that as far as the police were concerned, you were given the benefit of these comments being made in the heat of the moment, at a time when you were very angry.
“It’s the event the next day, though, that gives rise to the charge of threatening violence.”
The court heard about nine hours after she’d been released from police custody, Rosario uploaded a video to Snapchat threatening to visit the officer’s relative where she worked and kick her.
“It’s very disappointing in the context of everything that happened that you would make a threat against a (person).... that had no direct involvement in any of this,” Magistrate Mosch said.
The court heard that after the 29-year-old was charged, she could not stay on Magnetic Island due to a condition of her bail and lost her employment as a result.
She had to relocate to Cairns and only recently returned to Townsville, where she found work.
Rosario’s defence lawyer said her offending had been “triggered” by unresolved trauma after her brother went missing.
“Her mental health had been in decline over a period of months … they were in a huge amount of distress,” she said.
Magistrate Mosch sentenced her to three months imprisonment, wholly suspended for a period of nine months. She was also placed on probation for nine months.
A conviction was recorded for the serious assault of police charge.