‘Shut up’: Rude defendant frustrates Kingaroy Magistrate
A RUDE defendant has triggered a magistrate’s wrath by continuously speaking over the top of the police prosecutor, as well as his own lawyer.
The Kingaroy man, who cannot be named for legal reasons, pleaded guilty to six charges before Kingaroy Magistrates Court on Monday (August 31), including two contravene domestic violence orders, two counts of trespass, and possessing dangerous drugs and drug utensils.
According to police prosecutor Pepe Gangemi, between September 25, 2019, and March 26, 2020, police responded to two contravene offences, relating to a domestic violence order made in 2018.
During this period, a male and female victim, received Facebook messages, phone calls and text messages from the defendant.
“In one the Facebook messages, he asked (the male victim) if he would agree to amend his will. He didn’t want people to think he just wanted his money, and asked if they could catch up for a beer,” Sergeant Gangemi said.
“On October 19 and December 16, 2019, the aggrieved received two text messages from the defendant. One message was asking to catch up for a beer. The next is ‘yep, I raped’ - and a name is provided - when I was 10-years-old. F-ck the family, f-ck the police, f-ck the world, it’s bullsh-t.”
There were other subsequent attempts to contact the aggrieved, and when questioned by police as to why, he said he wanted to apologise.
On March 22, the female victim reported three text messages from the defendant, telling officers there was a lot of rambling and that she never replied.
“There were also attempted phone calls and a message left on her phone. Nothing out of the ordinary, other than he shouldn’t be doing it,” Sergeant Gangemi said.
While the messages and phone calls were not of a particularly nefarious nature, Sergeant Gangemi said he had a “particular issue’ with the orders in relation to the defendants previous criminal history.
These two domestic violence charges are the “fourth or fifth” in total, since the order was made in 2018.
“Where I have a particular issue - if you look at the history - there are carriage services, which carried six months, and breaches of domestic violence orders, nine months, suspended for 18 months,” Sergeant Gangemi said.
“This was a text: ‘this is probably worth going to jail for, so f-ck it, just how much money you two sick f-cks make from selling child porn created from the vision of my eyes. You both paid off who knows to keep quite, and trying to get me to kill myself. You’re both the sickest, evilest f-cks.’”
Frustrated by the re-emergence of this text message from an “old case”, the defendant continuously tried to interrupt the sergeant in an attempt to fight his own case.
“You do not interrupt other people. If you want to interrupt me you can go straight to the Watchhouse,” Magistrate Andrew Sinclair said.
“Are you currently under any mental health orders? Are you currently under the influence of any drugs? Then shut up!”
Defence lawyer Jay Rose said the messages and phone calls occurred due to her clients ongoing use of amphetamines and other drugs.
“Clearly they’re at times in the middle of the night where he is most likely intoxicated. There’s no threats. No actual violence involved,” Ms Rose said.
“I’d be seeking that you either impose a probation order, or if that’s too heavy, a fine to be referred to SPER.”
Finally given the chance, the defendant explained he was just trying to reach out to fix the relationships he has severed in the past.
“You can’t reach out to them. They don’t want to have anything to do with you,” Magistrate Andrew Sinclair said.
“You can’t fix it. You can’t contact them. I understand that most of this contact was relatively low level compared to the last contact. But the purpose of these orders is to protect people, such as (the aggrieved), who don’t want to be contacted over and over again.”
Between January 30-31, 2020, the defendant was also charged with two counts of trespass after entering a Kingaroy dwelling.
Sergeant Gangemi said the defendant began “squatting” in the property after the owners of the Kingaroy residents moved out.
Cleaners attended the property on the morning of the 30th and found the defendant asleep inside. He returned to the yard of the same dwelling the following day.
On May 9, the defendant was detained by police after he was found walking in a shopping centre at 1.10am. The officers searched the defendant and found a dangerous drug in his possession, namely methamphetamine or ICE, as well as a glass pipe used for smoking.
The defendant has been released on a 12 month probation order, under the condition that he does not commit any further offences, report to a probation officer at Kingaroy, and take part in counselling and other programs as directed.
To assist him in overcoming his drug habit, the defendant will also submit to regular urine analysis testing.
Convictions have been recorded.