Mark Alan Murdoch fined in Bundaberg Magistrates Court for failure to appear

A man with a lengthy criminal history that a police prosecutor termed ‘atrocious’ has told a court he was “very, very crook” with lung cancer when he did not turn up to have his matter dealt with.

A man with a lengthy criminal history has faced a Bundaberg court on one count of failing to appear and will face a Hervey Bay court on one count of possessing counterfeit money.

Mark Alan Murdoch was charged with failing to surrender into custody at Hervey Bay Magistrates Court, Scarness, on April 26, 2022.

Police prosecutor Sergeant Dean Burgess said Murdoch had attended Bundaberg Police Station on May 3 to say he had failed to turn up at court and was wanted on a warrant issued by Magistrate Trinity McGarvie.

He was taken to the watch house in Bundaberg then later released.

“The defendant stated he had lung cancer and was feeling unwell on the day,” Sgt Burgess said.

The court heard the Murdoch had tried to organise the appearance by phone but was not successful.

“Your Honour, his history is atrocious, it’s exceptionally long” Sgt Burgess told Magistrate John McInnes on Monday, May 9.

“I know he says he has lung cancer, Your Honour, there is no evidence before the court about that...”.

Murdoch, who represented himself, told the court he did have medical documentation, but it was not on hand.

“My submission is that you can’t take that as a reasonable excuse at all,” Sgt Burgess said.

Mr McInnes took into account that Murdoch had taken it upon himself to present at the police station and had made a plea of guilty for the charge of failing to appear.

Murdoch, a panel beater, told the court he was “very, very crook” on the day he should have been in court and hadn’t realised he had to pre-arrange a phone appearance.

“I’ll take your word for it that you have a medical issue...,” Mr McInnes told the defendant.

Given Murdoch’s circumstances including that he is supporting a family, Mr McInnes said he wasn’t convinced that prison was an appropriate sentence.

Murdoch was convicted and fined $800, referred to SPER.

A conviction was recorded.

Murdoch’s charge of possessing counterfeit money was moved back to Hervey Bay Magistrates Court to be dealt with on June 28.