Bundaberg Magistrates Court hears Heath Lee Amos had been drinking when he spat at a Queensland Rail officer

A court heard the gross details of how saliva landed on a Queensland Rail officer’s cheek and shoulder when the 51-year-old train passenger spat at him multiple times during a drunken incident a few months into the pandemic.

Heath Lee Amos (not pictured) pleaded guilty to one count of serious assault for spitting at a public officer. Photo: File.

A Bundaberg magistrate has labelled a 51-year-old man’s actions as “disgusting” after a court heard details of how he repeatedly spat at a Queensland Rail worker.

On Monday, Bundaberg Magistrates Court heard Heath Lee Amos, 51, had been on a train bound for Rockhampton to see a sick friend during a heightened time of the Covid-19 pandemic on July 18, 2020.

The court heard Amos had been drinking aboard the train and had been triggered by “extremely offensive” allegations made against him on the train at that time.

The details of those allegations were not further explained in court.

Amos started yelling at the victim, who told him he had to leave the train under the Transport Act.

Amos then spat at the 44-year-old rail officer, with the saliva landing on the victim’s shoulder and cheek.

The police prosecutor told the court that Amos then told his victim he had Covid-19, before spitting on him again.

The rail officer escorted Amos off the train before Gladstone, where Amos spat in his direction one more time, the saliva landing on the ground.

Amos’s lawyer Lavonda Maloy said her client’s actions were out of character and said he had been diagnosed with depression and anxiety five years ago.

Amos had also been made to take leave from his job because of the Covid-19 pandemic and had no previous convictions recorded.

Magistrate Andrew Moloney told the court Amos had committed a high-range drink driving offence two months before the spitting incident.

Ms Maloy told the court her client had attended counselling, was no longer drinking and was back at work with a view to full-time employment.

Magistrate Moloney described Amos’s actions towards the rail officer as “disgusting”, but noted his general good behaviour and excellent work history as well as his previous absence of convictions.

The Magistrate pointed out the dangers of mixing alcohol with anxiety and depression medication, including at the time of the offending.

“You have, in a dispute with an employee of the train, spat at him on two occasions... when you got off the train, you spat on the ground near him,” Mr Moloney said.

Amos pleaded guilty to one count of serious assault for spitting at a public officer.

In addition to a $400 fine which he had already paid after the incident, Amos was fined an additional $1000 which Ms Maloy said he would rather pay within two months than defer to the State Penalties Enforcement Registry. Magistrate Moloney agreed to the terms.

No convictions were recorded.