'RIDICULOUS': Girlfriend's actions toward boyfriend stump magistrate
THE events that led a 38-year-old man to appear in Gladstone Magistrates Court have been described as "ridiculous".
Magistrate Melanie Ho listened in silence as the prosecution read out the facts of the contravention of domestic violence order in front of her.
She heard that on October 15 at 5.30am, a man arrived at his New Auckland address to find all the doors of his home locked.
The man, who did not have his keys on him, had been out drinking with the aggrieved the night before.
The defendant was desperate to get inside and tried kicking in the front and back doors. But he failed to gain entry.
He then walked up the home's back steps and kicked in the other, upstairs back door.
Police prosecutor Acting Senior Constable Balan Selvadurai told the court once the now-angry man was inside the home, he knocked over a container on the kitchen table.
"Well he knocked it over because he was probably drunk," Ms Ho interjected.
Act Snr Const Selvadurai agreed and said the aggrieved and defendant then had a verbal argument, during which she pushed him and then called police.
When police attended the address the defendant cooperated and said the aggrieved had told him not to come home the night before, while they had been out drinking.
He told police that when he got home to find the doors were locked and that he couldn't get inside the house, he got angry.
The defendant explained he and the aggrieved's relationship was in its fourth year and they had recently moved in together.
"I wasn't on the lease (yet), that's why I got locked up, because I was entering another house, which is my house," the defendant said.
But the recount of that morning's events did not read as merely black or white to Ms Ho, who said she didn't "know what the act of domestic violence (was)" in the case.
"I think the facts are ridiculous," she said.
"A verbal argument happened, where she's abused him ... so she's started it.
"He's in trouble because of his night out drinking, she's locked him out of his house, it's his house, he wants to go to bed, he's drunk, he's knocked something over, she's abused him and then she calls the police on him.
Ms Ho took into account the "trivial" nature of the offence and recommended he and the aggrieved attend counselling.
"In my view, it (was) the lowest level of domestic violence, if it can even be categorised as domestic violence," Ms Ho said.
"She's obviously got a temper ... She calls the police on you so God help you."
The defendant, who has a limited history and no offences of a similar nature was released on a $300 recognisance, on the condition that he was on good behaviour for the next two months.
No conviction was recorded.