Man lists excuses for DV breach, drug driving, no licence
A MAN charged for sending vulgar text to his former partner, breaching a domestic violence order, says they weren’t sent from his phone, despite pleading guilty.
The defendant, who can’t be named for legal reasons, moved to the Lockyer Valley to leave behind a former life, but it caught up to him last week in the Gatton Magistrates Court.
The nature of the texts wasn’t revealed in court, but police prosecutor senior sergeant Al Windsor said they were variously innocuous or involved vulgar language.
He told the court that the man had been involved with a temporary protection order in the another court in January.
On March 4, his former partner attended the police station, saying she had received a number of texts from her ex partner.
Representing himself in court, the man claimed the texts weren’t his.
“With the DVO, the number that was sent to the person was not even mine. I’m just pleading guilty to it,” he said.
Acting Magistrate Lisa O’Neill told the defendant she could only accept his plea if he agreed to the facts.
“I have to accept it because I can’t go back to Cairns,” he said.
“I may as well say yes. I’ve come down here to plead guilty, I’ve got specialists appointments.
“I haven’t had contact with her since November.”
It was revealed the man was busted drug driving and driving unlicenced on March 1.
Snr Sergeant Windsor said the defendant was intercepted on March 1, where at the police station they found traces of THC in his system.
He was also found to be driving unlicenced and as a repeat unlicenced driver.
Despite pleading guilty, the defendant said he hadn’t been smoking, but was instead a “passive smoker”.
“I wasn’t smoking at that point. I was around smokers at that time. I was a passive smoker. It’s in my system no matter what,” he said.
The unemployed man said he was unable to work at present, given his rare blood disorder.
Mrs O’Neill noted he had committed domestic violence offences from November 11 and November 19, which attracted convictions in another courthouse.
“She accused me of driving to Mareeba every day when I didn’t have a licence or even a car,” he said.
Mrs O’Neill said the community took domestic violence breeches seriously, and if she didn’t act on the offence it would encourage others to follow suit.
For breaching his domestic violence order, he was convicted and not further punished.
For drug driving, he was convicted and fined $350, referred to SPER.
For unlicenced driving, he was convicted but not further punished.
His licence was suspended for three months.
All convictions were recorded.