Marcel Raphael Herivel, 35, pleads guilty to cemetery offence

A drug addict offered a bizarre reason for his behaviour at a Bundaberg Cemetery where he damaged property.

A 35-year-old man fronted the Bundaberg Magistrates Court on Friday after a bizarre rant at the Bundaberg Cemetery.

The court heard police were driving past the cemetery on Takalvan Street at 11:50am on December 10, 2021 when they witnessed Herivel breaking branches off a tree, yelling that they “weren’t from Australia”.

He told police he had also planned to pull out some grass at the cemetery and refused to identify himself.

He was charged with one count of wilful damage without consent causing a loss of $250 or less and one count of contravening a police direction.

His lawyer, Matt Molloy, told the court Herivel was intoxicated at the time of the offending and had a previous ice habit that rendered him homeless.

During Herivel’s homelessness, he sustained significant injuries after being attacked with an iron bar and required facial surgery.

He was diagnosed with PTSD as a result of the attack.

Mr Molloy told the court Herivel had a drinking issue that made him depressed but he had stopped using ice, regained employment and started living with his mother.

Magistrate Trinity McGarvie condemned his actions.

“Cemeteries are important places for people and for that property to be damaged and rendered imperfect can have a consequence for a whole community,” she said.

Herivel pleaded guilty to both charges and was fined $350, referred to SPER.

No conviction was recorded.