Scone Court Report: February 2020

ON average one Australian woman is murdered each week by their partner, or former partner. This week the murder of a woman and her three children has made national headlines and in Scone, every month there are an overwhelming number of assaults, stalk/harass intimidate and breach apprehended violence order matters in our own community.

Scone.com.au does not report on the details of apprehended violence orders when they relate to domestic partnerships, in the hope that more victims will report the crime to police and will go through the court process to seek protection from their abusive partners. However, we do report on associated charges such as common assault and stalk/harass and intimidate and when you read the court report you can get a sense of how many matters there are, but this is by no means all AVO matters each month.

Each new Magistrate on the Scone circuit has commented on the incredibly high number of domestic violence related matters in our community and on our rates of drink driving and it has confounded them. These matters cut across all sections of our community, all walks of life, all socio-economic and cultural backgrounds. The people perpetrating the abuse and the people who are victims of this abuse are people we socialise with, go and watch our kids play sports together and have a chat to when we bump into them at supermarket.

This month Magistrate Donnelly included in part of bail conditions, that an offender attend an EQUIPS program to address his abusive behaviours. There are programs, although not nearly enough, for family violence offenders. The victims, including the children growing up in a hostile environment, need support and a safe haven and the perpetrators need rehabilitation if there is any hope of stopping the vicious cycle.

If you are in an abusive home there are local agencies which can offer advice: 1800 65 64 63. If you are an abuser you can also get help to stop the abuse: 1300 766 491

Matters before Scone Local Court this month included:

AKBAS, Adam John, a 25 year old from Campbelltown pled guilty to a charge of common assault. The offence occurred at approximately 5:30am on September 12 at Airlie House Hotel in Scone, when other guests were awoken by the sound of breaking glass and a female screaming. Witnesses saw Mr Akbas yell at a woman, “get back inside you fucking bitch” and then dragged her back into the motel room. Witnesses remained outside the door, banging on the door. Mr Akbas said, “look what she did to my car”. Glass on the car had been broken. Witnesses called police and Mr Akbas and the victim left the scene. Magistrate Donnelly described is as a “very ugly incident…I don’t regard it as being a low-level assault…” Mr Akbas was given a community corrections order to 18 months with supervision and part of his sentencing was participation in the EQUIPS rehabilitation program. Magistrate Donnelly said he treats breaches of orders very seriously.

ARCHIBALD, Jack Digby, a 30 year old from Gundy made an appeal to the court for a decision by the Roads and Maritime Services. Mr Archibald will complete the Traffic Offenders Program and the matter was adjourned until March 18.

BALLENDEN, Todd Andrew, a 50 year old from Scone pled guilty to charges of licence expired less than two years before – first offence and drive while disqualified. The offences occurred on December 8 at approximately 12:35am in Scone, when Mr Ballenden was stopped for a random breath test. The matter was adjourned to the Downing Centre on April 15.

BURKE, Martin Ernest, a 61 year old from Aberdeen pled guilty to a charge of drive with low range concentration of alcohol – first offence. The offence occurred at approximately 10:50am on December 28 on MacQueen Street, Aberdeen, when Mr Burke returned a reading of 0.069. Mr Burke told police his had only had three or four glasses of red wines with his last drink being at 8pm the previous day. Magistrate Donnelly noted Mr Burke had a previous mid-range drinking driving offence in 2006 and said because of his history he had to send a message that “you can’t drink and drive.” Mr Burke was fined $800 and disqualified from driving for six months.

CAPSTICK, Robert, a 20 year old from Scone had a charge of drive with high range prescribed concentration of alcohol and unlicenced for class, Class C, R, LR or MR – first offence. Mr Capstick returned a reading of 0.184 at approximately 3am on January 11 in Scone. Mr Capstick admitted to police that he had been riding an unregistered motorcycle on Bhima Drive, was not wearing a helmet and said the bike had run out of fuel. Mr Capstick also told police he had consumed a schooner of Great Northern at the Belmore Hotel, then 10 to 15 schooners of Great Northern and two schooners of Canadian Club at the Scone RSL, before going to a party on Bhima Drive where he consumed 8 pineapple vodka cruisers and at least 6 Great Northern stubbies. He estimates he also ate approximately 10 packets of salt and vinegar chips while he was drinking. Mr Capstick is an English citizen in Australia on a working visa and did not hold an Australian licence. Police offered Mr Capstick the services of a doctor to obtain a blood sample, however Mr Capstick declined stating, “no, I agree, I’m fully over.” Mr Capstick is an English national and had never held an Australian licence. He claimed to have never driven in Australia, except for the night of the offence. Mr Capstick was fined $900 for high range drink driving and a mandatory interlock period to serve should he return to Australia and wish to drive. For driving unlicenced he was fined $400.

CLARK, Peter Wayne Richmond, a 54 year old from Murrurundi pled guilty to a charge of assault occasioning actual bodily harm. The offence occurred at approximately 7pm on Friday, September 20 when he assaulted Jason Keys. Mr Keys had arrived at the Royal Hotel in Murrurundi and was walking across the road to purchase cigarettes, when Mr Clark punched him in the head without warning and said, “you’re a king hitting bastard!” Mr Keys recognised the voice as Mr Clark who police say was “known throughout Murrurundi by the nickname Turtle”. Witnesses saw Mr Keys fall to the ground and be punched and kicked. An employee of the hotel intervened, Mr Keys went into the hotel and Mr Clark left. Mr Clark told police he had consumed at least 12 cans of bourbon and cola throughout the afternoon and evening. Mr Clark was given a community corrections order for 18 months and 150 hours of community service.

DUNCOMBE, Carina Louise, a 36 year old from Scone pled guilty to a charge of drive with middle range prescribed concentration of alcohol. Ms Duncombe had three previous drink driving offences. This offence occurred on October 16 at approximately 8pm in Scone, when Ms Duncombe returned a reading of 0.081. Ms Duncombe told police she had consumed four to five bottles of full-strength beer between 4:30pm and 8pm. Ms Duncombe was fined $800.

ELLIS, Clayton Lloyd, a 42 year old from Tingha had a charge of possess prohibited drug. The offence occurred at approximately 1am on December 22, when Mr Ellis was stopped for a random breath test. Police noted in their facts Mr Ellis has “a very lengthy criminal history and has recently been released from serving time of incarceration for which he is currently on parole.”  Mr Ellis was found in possession of 0.14grams of methylamphetamine and a glass pipe used for smoking the drug. Mr Ellis was convicted and fined $300.

FAHEY, Laura Edna, a 53 year old from Merriwa pled not guilty to a charge of drive with middle range concentration of alcohol – first offence. The alleged offence occurred at approximately 7:30pm on June 21 on Cullingral Road, Merriwa when Ms Fahey returned a reading of 0.086. The matter was adjourned until March 18.

FULLERTON, Troy John, a 49 year old from Slade Point in Queensland, had a charge of stalk/intimidate intend fear physical etc harm. The offence occurred at approximately 1pm on January 29 in Scone. Mr Fullerton was convicted in his absence and a warrant was issued for his arrest.

GILBERT, Luke James, a 42 year old from Scone appeared in court on charges of drive motor vehicle while licence suspended, not comply with direction to stop/move etc light vehicle and negligent driving (no death or grievous bodily harm). The offence occurred on December 14 in Aberdeen Street, Scone. Police observed Mr Gilbert drive his vehicle at speed from Kelly Street onto Mount Street, they followed Mr Gilbert and observed him turn into Aberdeen Street and on the dirt part of the road, he lost traction and fishtailed around the bend. Police activated their lights and sirens and observed Mr Gilbert drive quickly to a residence in Aberdeen Street, then left the vehicle and entered the premises. The matters were adjourned until March 18 to allow Mr Gilbert to complete the Traffic Offenders Program.

HAGGARTY, Flynn, a 19 year old from Scone appeared in court to make an appeal for a licence suspension. Ms Haggarty exceeded the speed limit by 10km in a 100km zone. Magistrate Donnelly noted Ms Haggarty had completed the Traffic Offenders Program had only one offence on her record. The appeal was allowed, but Magistrate Donnelly warned if there was a repeat of the behaviour, the court may not come to the same conclusion.

HOFFMMAN, Ned Frances, a 19 year old from Charlestown had a charge of exceed speed by more than 10km. The alleged offence occurred on the New England Highway in Blandford. The matter was adjourned to Belmont on March 11.

KENNEDY, Douglas, a 27 year old from Scone appeared in court on Wednesday and pled guilty to a charge of stalk/intimidate intend fear physical harm. The offence occurred at approximately 3am on January 3 in Dartbrook. The matter was adjourned until April 22. However, on Thursday Mr Kennedy returned to court in custody charged pleading not guilty to another charge of stalk/intimidate intend fear physical etc harm, contravene apprehended violence order and applied for bail. Magistrate Donnelly said it was difficult to assess the risk Mr Kennedy posed without a presentence report, refused bail and said, “you are very close to receiving a full time prison sentence.” The matters were adjourned until March 19.

LAMBERT, Norman Reginald Arthur, an 88 year old from Cassilis pled guilty to a charge of possess unregistered firearm-not prohibited weapon. The offence occurred on October 3 in Cassilis, when police conducted a safe storage inspection. Mr Lambert produced three firearms to police, a Fastio 12 gauge side by side double barrel shotgun, a VG Bentley Vanguard single barrel shotgun and a Anschutz Waffenbarik 0.22 calibre rifle, which were given to him 20 years ago, by a friend who is now deceased. The firearms were not registered to the address and Mr Lambert told police “I want to register the guns but don’t know how to.” In the police statement of facts, Mr Lambert was described as a “faultless member of the community and a role model”, further “police have not seized the accused’s firearms licence and other firearms listed to the accused and will the decision of holding firearms licence and firearm to your honour as police believe there will be no further adverse actions from the accused.” Mr Lambert was convicted, but no penalty was imposed.

LEWIS, Nathan Andrew, a 34 year old from Branxton appeared in court and pled not guilty to two charges of assault occasioning actual bodily harm and guilty to one count of not keep firearm safely-not prohibited weapon. The matter was adjourned until July 23.

LONGBOTTOM, Katrina Anne, a 47 year old from Scone pled not guilty to a charge of common assault. The alleged offence occurred at approximately 10:15pm on January 18 in Scone. The matter was adjourned until June 30.

NICHOLAS, Kenneth Wayne, a 44 year old from Scone pled guilty to a charge of possess prohibited drug. The offence occurred at approximately 12:30am on December 22 in Scone, when Mr Nicholas was found in possession of one gram of cannabis leaf, on the New England Highway near Turanville Road. Mr Nichols was fined $250.

POSA, Cosmo Harrison, a 20 year old from Blandford appeared in court and pled guilty to a charge of drive with middle range concentration of alcohol. The offence occurred at approximately 12:05am on February 8 at the Woolworth’s car park in Scone, when Mr Posa returned a reading of 0.108. The matter was adjourned for sentencing on March 18.  

RUTTLEY, Daniel, a 32 year old from Rutherford had a charge of possess prohibited drug. The offence occurred at approximately 1:50am on December 19 in Scone when Mr Ruttley was stopped by police for a random breath test and was found in possession of 1.24 grams. Police noted Mr Ruttley had an “extensive criminal history.” Mr Ruttley was fined $250.

SANSOM, Ross William, a 45 year old from Murrurundi appeared, having previously pled not guilty to a charge of stalk/intimidated intend fear physical etc harm and resist officer in execution of duty. The alleged offences occurred on January 1 in Murrurundi. The matter was adjourned for hearing on June 16 in Muswellbrook.

SQUIRES, Chad William, a 24 year old from Scone appeared in court on a charge of stalk/intimidate intend fear physical etc harm. The alleged offence occurred on July 20 at approximately 2:45pm in Scone. The matter was adjourned until July 23.

STANTION, Dennis John, a 54 year old from West Tamworth pled not guilty to charges of supply prohibited drug greater than indictable and less than commercial quantity. The alleged offences occurred at approximately 2:50am on September 8 in Scone, relating to 6.28 grams of methylamphetamine. The matters were adjourned until July 23.

THOMPSON, Matthew Mark, a 36 year old from Kotara pled guilty to a charge of drive with middle range concentration of alcohol. The offence occurred at approximately 1:10am on December 31 on Bettington Street, Merriwa. Mr Thompson came to the attention of police, when he sounded his horn as he drove past the stationary police car. Police pulled over Mr Thompson for random breath test. Mr Thompson had just driven from Kotara and told police he had only had two beers. After returning a positive reading of 0.106, he told police “oh I just had a drink at my friend Mark’s house.” However, Mr Thompson could not supply details of his friend. Mr Thompson had another previous drink driving offence on his record. Mr Thompson was fined $1,000, disqualified from driving for three months and will have a mandatory interlock period for 12 months.

WILSON, Lee Anthony, a 30 year old from Scone pled not guilty to a charge of destroy or damage property greater than $5,000 and less than $15,000. The damaged property related to a police vehicle parked at Scone Police Station. Mr Lee Wilson was walking past the police station with Benjamin Wilson at approximately 12:30am on October 7, when he decided to climb on top of the police car and Benjamin Wilson took a photograph. Police alleged

Mr Wilson had damaged the roof of the vehicle when he was on top of it, however Benjamin Wilson, a former police officer, said Lee Wilson had not done any damage to the vehicle, “I observed there was zero damage done to it.” Further, Benjamin Wilson said as a police officer it was “common practice” for him to stand on top of police vehicles in police uniform and he had never caused any damage to vehicles. The Prosecution argued Benjamin Wilson would be unable to make that assessment in low light conditions at night. Benjamin Wilson explained the car was in “moderate” light due to its proximity to the well lit police station and he observed no damage on the night. The court heard various arguments about if Mr Wilson was tall enough from the distance he was at to properly observe if there was damage to the top of the vehicle, but Benjamin Wilson, who told the court he was approximately 180 centimetres tall, insisted he could see the top of the vehicle and it was not damaged. Police said the damage came to their attention 24 days after Mr Wilson had climbed on it. When they noticed the damage they reviewed CCTV footage and saw Mr Lee Wilson climb onto the vehicle. Police then found an image of Lee Wilson on the police vehicle, published as his Facebook profile picture. Magistrate Donnelly noted it was not in dispute that Mr Lee Wilson had climbed on the police vehicle and been photographed, but it was disputed that he caused the damage to the roof of the vehicle. Since it was a criminal charge the court has to find that beyond reasonable doubt Mr Wilson had caused the damage, however, due to the time before the damage was noticed by police, despite weekly vehicle inspections, Magistrate Donnelly said, “in this case the damage to the vehicle by this person on this date has not been proven beyond a reasonable doubt. You are found not guilty, charge dismissed and you are free to leave.”

WOODWARD, Kaylen Leonard, a 18 year old from Muswellbrook pled not guilty to a charge of stalk/intimidate intend fear physical etc harm. The alleged offence occurred at approximately 12:20am on January 20. The matter was adjourned for hearing on June 29.

Read: Previous Court Reports.