Businessman Ben Fitzsimons called Burnside Council parking inspector a “f***ing d***head”, court finds
Prominent businessmen and former Adelaide 36ers manager Ben Fitzsimons told a parking inspector he was a “f***ing d***head” and decided to fight it in court. Now it’s cost him nearly $4000.
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A property developer and former boss of the Adelaide 36ers told a parking inspector he was a “f***ing dickhead”,” a court has heard.
Benjamin John Fitzsimons, 44, pleaded guilty to one count of using abusive or insulting language to an authorised officer and one count of contravening a no stopping sign at Adelaide Magistrates Court on Thursday.
Fitzsimons told a Burnside Council parking inspector he was a “f***ing d***head and “f*** you” after he was questioned in July last year as to why his Audi was parked in a no stopping zone at Eastwood.
The court heard the inspector approached the car, in which Fitzsimons was sitting, and wound his window down to warn him he was in a no stopping zone.
Fitzsimons – who has not been involved with the 36ers since 2010 – then delivered the first insult.
Paul Kelly, for Burnside Council, said he then took off – only to turn back around and drive past the inspector, yelling “f*** you”.
He said the parking inspector then returned about 14 minutes later to again find Fitzsimons’ car in the same no standing zone.
The inspector took photos, the court heard, before Fitzsimons got out of his car and yelled “you send me the photos and I’ll see you in court”.
Mr Kelly said a fine was issued for the parking offence and not paid, then reissued four months later before Fitzsimons elected to be prosecuted.
Burnside then added the swearing charges.
Mr Kelly said Fitzsimons had “behaved appallingly” and displayed “complete denial and arrogance” in his dealings with Burnside Council.
Hugh Woods, for Fitzsimons, told Magistrate Brett Dixon his client was picking up a friend with motor neurone disease and was waiting for him to come to the car.
Mr Woods said Fitzsimons did not initially realise the man was a parking inspector, so he felt “somewhat attacked” and thought the man was being “rather nosy”, which led him to abuse the officer.
“My client instructs me (the abuse) was said in a manner of ‘mind your own business’ rather than an aggressive sense,” Mr Woods said.
He said Fitzsimons’ guilty plea and an apology letter showed remorse.
Fitzsimons was spared a conviction and fined $300 for the swearing, $150 for ignoring the no stopping sign and ordered to pay $3257.32 in legal fees for Burnside Council.