Scone Court: March 24

YESTERDAY at the Scone local court there were more than 70 matters bought before the court.

Several people presented on charges relating to the coal protests at the Chillcott’s Creek rail terminal near Willow Tree, who took advantage of relaxing under the trees in the court house grounds and had some small dogs which occasionally punctuated the usual sombre mood outside the courthouse.

Inside the court house the matters relating to the protestors were addressed in a seriously earnest tone by their solicitor apparently necessitating a great deal of detail to be brought to the attention of Magistrate Prowse.

Magistrate Prowse took the time to discuss key concepts of environmental protection with the defendants including the industrial revolution and the methodology of successful tree planting, but challenged the defendants on their methods which delayed passenger trains and questioned if traveling such long distances to protest in New South Wales was not negative move for their own carbon footprint.

In relation to other matters on the court list, the local police station was overflowing with at least seven people in custody most of whom started the day in police custody, but with a few ending it in custody and bound for gaol.

In order of appearance:

Ruth Eleanor Lawless: a 22 year old from Braddon in the Australian Capital Territory (ACT) presented on charges of cause obstruction to railway locomotive to railway or rolling stock and go onto or into or remain on or in running lines. The matter was adjourned to Queanbeyan with bail to continue.

Victoria Francesca Herbert: a 20 year old from Deakin in the ACT presented on charges of cause obstruction to railway locomotive to railway or rolling stock and go onto or into or remain on or in running lines. The matter was adjourned to Queanbeyan, with bail to continue.

Maryclare Bernadette Woodforde: a 20 year old from Melbergen in New South Wales, presented on charges of cause obstruction to railway locomotive to railway or rolling stock and go onto or into or remain on or in running lines. The matter was adjourned to Queanbeyan with bail to continue.

Aston James Cox:  a 20 year old from O’Connor in the ACT, presented on charges of cause obstruction to railway locomotive to railway or rolling stock and go onto or into or remain on or in running lines. The matter was adjourned to Queanbeyan with bail to continue.

Scarlett Mercedes Squire: a 23 year old from Fairfield in Queensland pled not guilty to resist arrest of hinder police in the execution of duty, guilty to cause obstruction to railway locomotive or rolling stock and one charge of go onto or into or remain on or in running lines was withdrawn and dismissed. The matter was adjourned for hearing on May 20.

Alexander Rattray: of Hammondville, NSW pled guilty to one count of negligent driving occasions grievous bodily harm, and two other charges of dangerous driving occasioning grievous bodily harm drive manner dangerous and not keep left of dividing line were withdrawn and dismissed. The matter was adjourned to Liverpool local court on April 27, with a presentence report requested. Mr Rattray first appeared in Scone local court on these matters on January 21 this year.

Courtney Dever: a 28 year old from Aberdeen, pled guilty to a charge of novice driver drive with novice range prescribed level of alcohol. Magistrate Prowse noted that Ms Dever had an alcohol level of 0.016 which is approximately one standard drink and that she came to the attention of the court because she had been on p-plates since 2004. He mused that she had renewed the provisional licence during that whole period, by getting a full licence he said “Hallelujah you’ve managed to move on instead of clinging to the past.” Ms Dever was given a bond for 18 months.

Christian Wayne Brodbeck: a 24 year old from Wallsend appeared on a charge of drive with mid-range prescribed concentration of alcohol. The charge relates to a reading of 0.086 on March 6 in Barton Street, Scone. The matter was adjourned to April 21 and Mr Brodbeck’s licence was suspended.

Coral Jane Hampson: has five charges of common assault and one of take action that results in emotional / intellectual damage. The matter was adjourned for hearing on April 22.

Luke Murdoch was one of the two men arrested on Tuesday and pled guilty to possess unauthorised firearm and driving whilst licence suspended, drive conveyance without consent of owner and drive manner dangerous, but not guilty to drive whilst disqualified. The matter was adjourned to Cessnock court on April 6 and bail was refused.

Justin Stuart Murdoch: was the other man arrested on Tuesday and pled guilty to take and drive conveyance without consent of owner, custody of knife in public place, drive motor vehicle during disqualification period, drive manner dangerous and goods in custody suspected stolen. The matter was adjourned to Cessnock on April 6.

The Murdochs had taken two white 4 wheel drives, a Toyota Hilux and a Nissan Patrol, on March 21 or March 22 from a property at St Clair and were observed driving in a manner dangerous on Tuesday, March 22 in Scone including on Liverpool, Kelly, Phillip and Waverly Streets. The goods suspected of being stolen was a Lorus brand watch which was engraved D.J.V.S.

Mark Forrest Selmes: a 56 year old from Taralga, who was a librarian and now self-funded retiree, pled guilty to cause obstruction to railway locomotive or rolling stock and another offence of go on or in running lines was withdrawn and dismissed. The solicitor for Mr Selmes went to great lengths to draw the attention of Magistrate Prowse to case studies in England on civil disobedience and the many references for Mr Selmes, begging Magistrate Prowse to ask the question “do you like anchovies?” To which Mr Selmes’ solicitor said she did. Magistrate Prowse said he asked that question so that “when we are all still here at 7pm listening to you read through everything I’ll know when we order pizza you’d like anchovies on yours.” The solicitor again drew the Magistrates attention to details she had provided resulting in Magistrate Prowse to insist he had read the materials and “in fact I had dragged myself away from a fruit infested scone to read the materials.”

Magistrate Prowse said that protest contributes to the vibrancy of the community, that dissent should not be repressed and is to be encouraged because it is the mechanism by which improvements can be made.  “In other words you have good underlying motivation of engaging in protest, however there are different ways of doing things. You’ve got the publicity, you’ve brought it to attention, but don’t commit any further criminal acts. You could stand slightly away from the train, still wear the koala suit if it’s not too hot, carry on like a pork chop, but you can do it in such a way that is not criminal.” Mr Selmes was issued with a section 10 bond for 18 months, which included a “25 percent discount for a plea of guilty.”

Mark Edward Eveleigh: is a 27 year old from Quirindi who pled guilty to the charge of drive motor vehicle while licence suspended. Magistrate Prowse asked Mr Eveleigh how long he wanted to go to gaol for. When Mr Eveleigh responded that he did not want to go to gaol, the Magistrate said “you say you don’t want to go to gaol, but you keep committing crimes.” Magistrate Prowse ordered a presentence report and encouraged Mr Eveleigh to assess his eligibility for community services. “If you don’t do that there’ll be a short trip in the truck to the Tamworth gaol. If you get caught driving again slip down to the IGA for a toothbrush and some clean underwear.” The matter was adjourned for sentencing in Quirindi on April 20.

Nicholas Michael Gant: a 27 year old from Cassilis presented on charges of resist officer in execution of duty and behave in offensive manner in/ near public place/school. The matter was adjourned to April 21.

George Wolseley Crouch: a 36 year old from Gundy presented on offence of low range prescribed level of alcohol of 0.067 during testing near Kelly Street and Surman Street Scone on March 3. Mr Crouch was instructed to complete the traffic offenders program and the matter was adjourned until May 19.

Sharon Maree Stair: of Scone, presented on charge of drive with high range prescribed level of alcohol. Magistrate Prowse described experiences in her life as horrendous and noted she had handed herself into police when she was drink driving. Magistrate Prowse requested a psychologists report.

Justin Lee McMillan: a 43 year old from Castle Cove entered a plea of guilty for use of road heavy vehicle that is unsafe. Magistrate Prowse questioned why he was driving a disaster on wheels and adjourned the matter for sentencing in Quirindi on April 20.

Malcolm Peter Hardes: a 37 year old from Scone pled not guilty to class A motor vehicle exceed speed by 10 kilometres an hour, use vehicle not comply with standard: tail lights and use vehicle not comply with standard: emission/silencer. The matters are due for hearing on May 20 at Scone court.

Nigel Malcolm Jones: a 35 year old of Scone did not enter a plea on two charges of possess prohibited drug and the matter has been adjourned until April 21.

Jessica Farrell: a 21 year old from Aberdeen presented on three charges of larceny and two charges of shoplifting. The matter was adjourned for sentencing on May 19.

Susan Lesley Watson: a 60 year old from Scone pled not guilty to a charge of drive with mid-range prescribed concentration of alcohol. It is alleged Ms Watson returned a reading of 0.139 on February 7, at Liverpool Street, Scone. The matter was adjourned for hearing on May 19 and Ms Watson’s licence is continued to be suspended.

Afag Chinmouth: a 23 year old from Mayfield presented in court on charges of drive motor vehicle while licence suspended and fail to notify authority of change of address within 14 days. The matter was adjourned to October 20. Magistrate Prowse said the reason he was putting the matter down for then was to give Mr Chinmouth the opportunity to prove he would not have any more offences. He further noted  Mr Chinmouth’s driving suspension finished on February 16 and that he was free to continue driving, but suggested taking the train for the next court appearance could give Mr Chinmouth the time to relax and watch the scenery go by.

Ashley Ryan Jones: a 22 year old from Aberdeen presented on charges of enter prescribed premises of any person without lawful excuse, two charges of stalk/intimidate intend physical harm, break and break and enter intend to commit serious indictable offence. The break and enter charge is related to a property in Barton Street, Scone and the enter prescribed premises was in relation to a property in Segenhoe Street, Aberdeen. The matter was adjourned to May 19.

Elise Michelle Chatterton a 23 year old from Cairns North, Queensland and Monica Haynes a 30 year old also from Cairns both pled guilty to cause obstruction to railway locomotive or rolling stock. They had both climbed up using a ladder and sat on the train. Their solicitor noted neither had come before the court previously, however no Queensland records were presented. Magistrate Prowse said Ms Chatterton has delayed the XPT rail services and coal services, but noted “coal isn’t going to go off.” “If my dear old mum was on that train I’d be very concerned about those delays and I’d be using a series of very short words to express my concern. Why couldn’t the protest have occurred further up the track so that passengers were not impacted?” The Magistrate further noted Ms Chatterton had to be dragged off the train. The Magistrate questioned how delaying people who were using an environmentally responsible form of transport was helping the environment and their cause. “They were using trains, as opposed to carbon emitting vehicles and they should not be penalised. When you protest think about how you can do it to make sure you are not impacting the people who are doing what you want them to do. Next time think your way through it a bit more.” Both were given section 10 good behaviour bonds.

Justin Boyle: of Scone pled guilty to possess prohibited drug. The Magistrate requested a presentence report and said it was clear Mr Boyle had a drug problem and the matter was adjourned to May 19.

Tristan Wells: a 28 year old from Scone presented on a charge of exceed speed by 45 kilometres an hour, to which he pled guilty in February. Magistrate Prowse questioned “What possessed you to do something so stupid?” Mr Wells was convicted, fined $800 and his licence was suspended for 6 months. Magistrate Prowse warned “don’t drive until you are reissued with another license.”

Brendan John Ellis: presented on two charges of maliciously destroy or damage property and one charge of use of carriage service to harass. Magistrate Prowse noted “on leaving the RSL you smashed a windscreen and threw a rock at a woman who was trying to call 000.” Magistrate Prowse expressed his surprise that he was not also charged with assault. The Magistrate noted Mr Ellis had a series of bonds and a suspended gaol sentence and still continued to offend, “you’ve run yourself out of any community options. You should have thought about caring for your son before you reoffended.” Mr Ellis was sentenced to prison for 3 months on one count of maliciously destroy property, 9 months for another count of maliciously destroy property with a non-parole of 5 months and a sentence of 5 months for contravene prohibited/restriction for an Apprehended Violence Order, to be served concurrently. Mr Ellis is not due for release until December 23.

Emil Dacy Cole: a 21 year old from Kew in Victoria, but often resides in Queensland, pled guilty to a charge of cause obstruction to railway locomotive or rolling stock. Magistrate Prowse noted Mr Cole served lentils and pointed out that lentils are “one of the greatest sources of methane known.” He questioned if perhaps there would be more methane emissions from lentils than from burning a lump of coal. “You only have to eat them to know”. The Magistrate then questioned “why are all these Queenslanders coming down here to protest coal, when there is more coal up there that you can shake a stick at. There would be closer sites to travel to you’d think. I’m not encouraging it, I was just wondering why not stay closer to home and reduce their carbon footprint?” The Magistrate asked Mr Cole what his understanding was of the industrial revolution and was disappointed in his glib response of “it started in England and spread everywhere”. Magistrate Prowse said “it sounds like you are just jumping on the bandwagon, pardon the pun.” He questioned if perhaps on the bond he should stipulate Mr Cole can’t come south of the Tweed and has to do more research. Mr Cole’s solicitor argued that should not be the case. Mr Cole was given a 16 month good behaviour bond.

James Yarnold: a 33 year old from The Gap, Queensland pled guilty to cause obstruction to railway locomotive or rolling stock. A charge of go onto or into or remain on or in running lines was withdrawn and dismissed. Mr Yarnold had previously appeared in Narrabri court on January 28 last year for hide tools/clothes/property to unlawfully influence person and fined $600. Magistrate Prowse questioned why Mr Yarnold wasn’t protesting in Queensland and Mr Yarnold’s solicitor explained it was because it was a new mine. Mr Yarnold’s solicitor mentioned how Mr Yarnold had done a lot of tree planting and worked tirelessly for the community. The Magistrate then compared notes about tree planting asking how many trees Mr Yarnold had planted to which he estimated perhaps 10,000. The Magistrate asked about his strike rate which was 90 percent and said it was an impressive rate and enquired further about his tree planning methods. The Magistrate who estimated he had easily planted more than 10,000 trees said by Mr Yarnold’s knowledge he was clearly genuine about his activities. The Magistrate asked if as a condition of the bond he should instruct him to plant another 10,000 trees as a practical way to improve the environment. “I won’t make it a condition of the bond, but it would be a good thing for you to do, because after you got down of the train what happened? The train kept going.”

Andrew McDonald: a 22 year old from Aberdeen pled guilty to negligent driving, driving unlicensed and driving under the influence of alcohol. The Magistrate noted Mr McDonald had been drinking at the Commercial Hotel in Aberdeen and had left the scene so the police couldn’t submit him to a breath test.  However the Magistrate noted he had no previous convictions, appeared to show remorse and pled guilty. He was fined $600 and disqualified from driving for eight months.

Corey William Pratt: a 21 year old from Scone pled guilty to the charge of larceny to the value of $123.50 from the Big W store in Tamworth. Magistrate Prowse said his wife believes “everyone’s entitled to one mistake” and said that Mr Pratt could “put yours behind you”. He was given a 12 month good behaviour bond “which gives you the chance to show you are not going to do it again.”

Paul Stanley Jones: a 45 year old from Murrurundi presented on charges of use carriage service to menace/harass/offend and make vexatious call to emergency service number. See related article: Inappropriate 000 Calls. Mr Jones did not enter into a plea and the matter was adjourned to April 4.

Grahame Andrew Ford: a 53 year old from Murrurundi appeared on the charge of resist officer in execution of duty and pled not guilty. The matter is adjourned for hearing on May 20.

Tammie Louise Cornell: presented on two counts of possess prohibited drug and one of possession of equipment for administering prohibited drugs. The matter was adjourned to Muswellbrook court on April 18 and a referral for the Magistrates Early Referral Into Treatment (MERIT) program.

Kieran Nicholson: a 23 year old from Scone pled guilty to drive motor vehicle while licence suspended. The Magistrate said Mr Nicholson should stick to the payment plan to avoid making the Magistrate tense, “as opposed to the happy, jovial person he usually is.” Mr Nicholson was issued with a good behaviour bond for six months.

Karen Jane Parker: a 39 year old residing at Broken Hill pled guilty on a charge of special category driver drive with special range prescribed concentration of alcohol. The matter was adjourned until April 21 for sentencing.

Shane Patrick Brown: a 25 year old from Muswellbrook pled guilty to charges of possess ammunition without holding license/permit/authority, not surrender firearm to police when licence revoked and possess unregistered firearm-not prohibited firearm/pistol. A presentence report was ordered and the matter was adjourned until April 21.

Kieran McGrath: In custody and presented on a charge of assault occasioning actual bodily harm. Bail was refused and the matter is due back in court on April 21.

Benjamin Alan Saunders: a 24 year old from Glenmore Park, pled guilty to behave in offensive manner in/near public place/school and resist officer in execution of duty, following the rodeo at Cassilis on January 30. Mr Saunders said he did not have an accurate recollection of the rodeo and his behaviours saying “the whole day is a bit of a blur until I was handcuffed and in the back of the paddy wagon.” Magistrate Prowse questioned if Mr Saunders was inferring he should not be convicted because he was so intoxicated, to which Mr Saunders said no. Mr Saunders said it was a “boys weekend”, to which Magistrate Prowse questioned “what is it you want to do that non-boys should not observe?” To which Mr Saunders suggested “it was because we were going to the rodeo”. Magistrate Prowse said ‘so you don’t think girls do that? It just shows the war on sexism has a long way to go.” The Magistrate then questioned, “when are you going to have your next boys weekend, so that you can get in touch with each other literally or figuratively?” The Magistrate then noted Mr Saunders was a carpenter and asked if he still has all ten digits? When Mr Saunders confirmed he did, the Magistrate said “it proves you are good at something, but drinking is not one of them.” The matter was adjourned to December 22 and Mr Saunders was encouraged to come back with a fresh record so that he could demonstrate that he could keep out of trouble. He also instructed Mr Saunders to write a letter of apology to Constable Carter.

Shane David Brown: a 22 year old from Cassilis pled guilty to goods in personal custody suspected being stolen, which was a red quad bike found in his possession on January 21. Magistrate Prowse noted “in the old days you stole a horse you got hung.” He noted Mr Brown did not tell police where the goods had come from, “you don’t want to give up the person who gave you the goods, but you want the court to treat you leniently. Do you want to spill the beans or go to gaol? Choose carefully and I don’t mind which option you choose.” Mr Brown decided to speak with police. When he returned to court Magistrate Prowse said Mr Brown “may be as shocked and horrified as I am, but sometimes people lie to the coppers.” The matter was adjourned until April 21.

Debbie Smith: of Muswellbrook failed to appear on a charge of drive vehicle, illicit drug present in blood at Willow Tree on November 20 last year. A warrant was issued for Ms Smith’s arrest.

Thomas Leslie Reichel: of Parkville failed to appear on charges of assault occasioning actual bodily harm and threaten to destroy / damage other person’s property. A warrant was issued for Mr Reichel’s arrest.

Leofric Kingsford-Smith: a 61 year old from Wahroonga, was charged with exceed speed by 20 km/hr. The matter was adjourned to Hornsby on April 21.

David Benjamin Fisher: a 39 year old from The Hill presented on a charge of prevent sample taker from taking of blood sample. The matter was adjourned to Newcastle for April 21.

Jason Dean O’Brien: a 45 year old from West Tamworth presented on a charge of custody of knife in public place at Willow Tree on March 4. The matter was adjourned until April 18 in Tamworth.

Michael Clay Thorne: a 23 year old from Gungal presented on four drive while suspended charges. A presentence report was requested. Magistrate Prowse warned if Mr Thorne was not eligible for community service he would be facing gaol time adding that if he were to be caught driving again “thanks for coming!” The matter was adjourned for sentencing on April 21.

Gabby Teresa Bell: an 18 year old from Scone failed to present on a charge of drive motor vehicle during disqualification. It was Ms Bell’s second offence of drive during disqualification. No presentence report was available for the court and a warrant was issued for her arrest.

Janine Kathleen Anne Bodkin: pled guilty to possess prohibited drug and custody of a knife in a public place. Ms Bodkin was recommended for the Magistrates Early Referral Into Treatment (MERIT) program and the matter was adjourned to Tamworth on April 18.

Johnathon Miles Price: a 42 year old from Aberdeen pled not guilty to drive motor vehicle during disqualification period. The matter is alleged to have occurred on Blairmore Road, Aberdeen on November 11 last year. Matter was adjourned until June 23.

John Andrew Bowditch: a 35 year old from Muswellbrook failed to appear on charges of common assault, fail to appear in accordance with bail acknowledgment and assault occasioning actual bodily harm appearance. A warrant was issue for his arrest.

Bruce Raymond Douglas: a 45 year old from Toowong, Queensland was charged with enter level crossing with gate/boom/barrier operating. The matter was adjourned until June 24.

Dylan Ronald Russel: In custody, 28 year old from Willow Tree presented on charges including two counts of larceny, two counts of enter vehicle or boat without consent of owner/occupier, maliciously destroy or damage property, common assault, stalk intimidate intend fear physical harm, use offensive weapon to prevent lawful detention and intimidate police officer in execution of duty. Mr Russel was in custody and his solicitor argued that Mr Russel should be granted bail to allow him to have a scheduled medical procedure. The Magistrate noted the medical procedure could be done while Mr Russel remained in custody. Bail was refused. The hearing was adjourned to June 24.

Joshua Brian Johnson: a 32 year old from Branxton submitted a written plea of guilty for drive with low range prescribed concentration of alcohol of 0.073 at Liverpool Street, Scone on March 5. The matter was adjourned to Singleton local court on May 26.

Hughie Alexander Collits: an 83 year old from Walcha pled guilty to exceed speed by 30 kilometres an hour. Mr Collits was in hospital and unable to appear. The matter was adjourned for sentencing on June 21 in Walcha.

Shane Troy Preston: a 34 year old from Scone presented on charges of stalk/intimidate intend fear physical harm and drive motor vehicle during disqualification. The Magistrate noted Mr Preston has offended over the years in a variety of ways including assaults, hinder ambulance officer and the presentence report showed he had very little understanding of his actions. Mr Preston was sentenced to 10 months gaol with a non-parole of six months for the charge of stalk/intimidation and four months gaol for drive whilst disqualified.

Jake Lindsay Norman: a 20 year old from Muswellbrook submitted a written plea of guilty on the charge of drive motor vehicle while suspended. The matter was adjourned for sentencing at Muswellbrook on April 18.

Logan Patten: an 18 year old from Bowen Mountain, submitted a written plea of guilty for possess prohibited drug. The police charged Mr Patten with the offence on January 16 in Merriwa for being in possession of 6 grams of cannabis. The drugs were destroyed and the matter dismissed.

Samantha Smith: of Bolton Point failed to appear on a charge of possess prohibited drug, which is alleged to have been 0.78 grams of cannabis in Scone on January 14. Ms Smith failed to appear in court and the matter was adjourned until April 21.

APPEALS:

Aaron Cochrane has appealed against the decision of Magistrate Darryl Pearce in Scone local court on January 21, to suspend Mr Cochrane’s licence for 12 months and pay a fine of $1,000 following charges of drive recklessly/furiously or at a speed/manner dangerous on September 24 last year. See: Driving, Drugs and Domestic Violence. Mr Cochrane was due to appear in Newcastle district court on March 22. The outcome of the appeal will be published with the next court report.

 Read: Previous Court Reports.