Case ‘absurd in extreme’

IT’S the case labelled “absurd in the extreme” involving an alleged bikie – and whether Brickworks in Southport is a shopping centre or a marketplace.

That is the question alleged Mongols bikie Tyrone Wilton Norman Poole (right) wanted the Southport Magistrates Court to answer on Friday.

The day-long trial was called “absurd in the extreme” and questions asked about why “prosecutorial discretion” was not exercised.

Poole was placed on bail condition in June last year for an alleged affray at the Australia Fair Shopping Centre.

Those conditions included that he not attend a shopping centre south of Loganholme or north of Coolangatta.

Poole was spotted at Ferry Road Marketplace at the Brickworks on September 3 last year buying flowers, having a drink and getting something to eat.

He pleaded not guilty on Friday to a single charge of breaching bail.

Poole claimed he did not breach his bail because the complex was not a shopping centre. Poole was asked in court on Friday why he thought the Brickworks was not a shopping centre.

“There was a big sign saying marketplace,” he said.

Poole said he would not have gone there if he thought it was a shopping centre. During his time on the stand Poole smirked a number of times.

Defence lawyer Michael Gatenby, of

Gatenby Criminal Lawyers, said Poole had made a distinction between the Brickworks and other larger centres such as Australia Fair and Pacific Fair as most shopping centres have a Woolworths and Coles. Brickworks has neither.

Police prosecutor Senior Constable Andrew Smith said Brickworks was “a series of shops all in one place” with large retail stores, toilet facilities and eateries.

He said the same could be said of shopping centres.

Magistrate Dzenita Balic found Poole honestly believed Brickworks was not a shopping centre but that belief was not reasonable. She convicted Poole and ordered he not be further punished.

She recorded a conviction due Poole’s long criminal history.

“I did find some of his answers were vague in circumstances where he could not say why he thought it was a marketplace,” she said.

Magistrate Balic said the CCTV showed the Brickworks was a “clear conglomeration of shops” and Poole would have seen that on the path he took through the centre.

After Poole’s conviction Mr Gatenby told the court it was “regrettable that prosecutorial discretion” had not been used in this case. “This trial seems absurd in the extreme,” he said.

Mr Gatenby said he could have gone to a pub or festival and not broken the law.