Magistrate Sinclair was forced to adjourn the matter after the defendant refused to enter a plea over the phone. File Photo.
Magistrate Sinclair was forced to adjourn the matter after the defendant refused to enter a plea over the phone. File Photo.

‘I’m over it’: Defendant ignores frustrated magistrate

MAGISTRATE Andrew Sinclair was left frustrated after a Cherbourg man, charged with contravene a domestic violence order, refused to talk to him.

The defendant, who appeared in court via phone call from Murgon Watchhouse, was read the first of two charges and asked to enter a plea. The court was met with awkward silence and a great deal of confusion.

Magistrate Sinclair asked the defendant again “do you wish to plead guilty”.

Again Kingaroy courthouse was met with chirping crickets.

“What’s the situation with the phone, why isn’t (he) responding. Can he hear me?” Magistrate Sinclair said.

Both the officer at Watchhouse and the defendants lawyer, Mr Alan Korobacz, could be heard trying to extract an answer for the Magistrate - even giving the phone directly to him, as he refused to come near it on Monday, July 20.

Mr Korobacz, joining the call from a different location, asked the Watchhouse officer to “put the phone on the counter”, so that the defendant could be heard more clearly.

“I’ve got it down on the desk, he’s refusing to come over here,” the officer replied.

The defendant could be heard mumbling in the background saying “I’m over it bro…I don’t want to talk. I can hear you.”

After several attempts at trying to extract a plea of guilty or not guilty from the defendant, Magistrate Sinclair said “Mr Korobacz, your client doesn’t seem to wish to enter a plea.”

“I’ll give (him) a chance to clearly indicate what he wants to do over the phone, otherwise I’ll adjourn it until tomorrow and I’ll have him brought to court in person,” he said.

Calling it a day, the officer at Murgon watch house told the court, “your honour he is refusing right now, I don’t think we’re going to be able to get a response out of him.”

The case was adjourned until Tuesday morning (July 21).

South Burnett

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