Man knocked out at bowls club found guilty on three charges
A GLADSTONE man who was found by police with bloodied head injuries outside a bowls club, 48 hours after being slapped with a public nusiance ticket, was told his drinking was making him “unpopular”.
Martin Gregory Ross, 53, pleaded not guilty to assault police officer licenced premises, failure to leave licenced premises and commit public nuisance in a licenced premises.
Ross pleaded guilty to obstruct police officer.
He was found guilty for three out of four charges in court on Wednesday after a self-represented hearing.
The charges arise from two different incidents.
The court was told in the early hours of August 1, 2019 outside the Tannum Sands Hotel while being handed a ticket for public nuisance Ross slapped the ticket out of a police officer’s hand.
At the time Ross spoke over the officer, obstructing him in his duties.
Deputy Chief Magistrate Leanne O’Shea said although the offence was not violent she found Ross guilty of the assault police officer charge, noting video evidence shown to the court.
Less than 48 hours later Ross was outside the Boyne Tannum Bowls club bashing on the windows of the venue and throwing his arms around, which two witnesses attested to during evidence.
The court heard Ross struck a bowls club staff member who then struck Ross, causing him to fall and hit his head on the concrete ground leaving him unconscious and bloodied.
Ms O’Shea this could have been concussion as the defendant has no memory of that part of the evening, where he was swearing, belligerent and uncooperative with police, but she noted from the photos of the injuries tendered and the body cam footage shown it was evident Ross had been struck more than once.
She said she was satisfied the elements of public nuisance on a licensed premises had been proven and found him guilty.
She did not accept the failure to leave charge, finding him not guilty.
Ms O’Shea said she was satisfied Ross had made arrangements to leave, noting in body cam footage a taxi was seen arriving at the bowls club shortly after an ambulance with Ross’s details.
In her sentencing remarks Ms O’Shea said Ross’s actions were making him “quite unpopular”.
“I do think you have some problem with alcohol,” she said.
“You are drinking to an extent probably to try and make yourself happier.
“In both of these situations you were on your own, not with a group of friends.”
Ross was sentenced to six months probation, a conviction was not recorded.