Man swears at servo worker while bleeding from dog bite
A MAGISTRATE has had his patience tested after telling a defendant "it's listening time now" after the man repeatedly spoke over the top of him at the Bundaberg Court House.
Lee David Pope faced Bundaberg Magistrates Court on Monday, where he pleaded guilty to a public nuisance charge, but claimed it was due to "surrounding circumstances" and a dog attack.
Police were called to a disturbance at the Coles Express service station on Barolin St, on July 5 about 5.20pm, where Pope was found inside the store.
The female service station worker told police Pope had entered the store screaming that he had been bitten by a dog and requested she lock the door, but she said she was unable to, as there was another customer on the premises at the time.
Pope said he ran into the service station screaming for help after a pitbull he estimated to weigh 20 to 30kg, allegedly attacked him.
He said when the dog and its male owner approached him outside the service station, the dog which was not on a lead, bit the cheek of his right buttock and caused pain to his right leg which had already sustained a previous injury.
The defendant claims three men, including the owner of the pitbull, then allegedly followed him into the service station and threatened to beat him up, while he was bleeding from the dog bite and sitting on the floor, between the ATM and drinks machine.
He said he had photographic evidence, as well as brand new clothes that he was wearing at the time, which had been destroyed and had tear marks from the dog bites.
Following the argument, Pope then yelled at the female staff member saying "You're nothing but a f****** c***, a f****** b****" and "I'm going to f****** sue you."
Police said the female worker was visibly upset and told Pope that his behaviour towards her was inappropriate.
Pope was arrested, transported to hospital for treatment and stayed at the police station.
Magistrate Terry Duroux said it would have been difficult for the female worker to understand why Pope wanted the door locked, especially as he was screaming at the time.
Despite pleading guilty to the public nuisance charge, the defendant requested the court "do something about the dog" as he believed the animal had been used to attack him "as a weapon" and his complaints with council had not been actioned.
Mr Duroux advised that was a separate matter unrelated to the court and recommended he contact the council again or seek legal advice.
The defendant then continued to interrupt the magistrate and repeat himself.
"Stop talking over the top of me - I've had enough of you talking over the top of me … it's listening time now," Mr Duroux said.
"There's a significant lead-up which is why you erupted in the way you did, I accept you have been bitten by this dog and I accept that you are quite upset.
"But you then got really upset with this lady, you pulled her aside and called her obscene names, which is what you are getting sentenced for today."
Pope agreed, on reflection, he could understand why the female worker acted the way she did and agreed he should not have treated her that way.
Pope's lengthy yet dated criminal history was revealed to the court, which included three other public nuisance charges, three suspended sentences and an obstruct police charge from 2010 to 2015, as well as traffic incidents dated back to 2007.
Magistrate Duroux said he considered Pope's guilty plea and the amount of time that had passed since his last offence.
He was fined $650 and his conviction was recorded.