Man blasted for using court as ‘drop-in centre’

A magistrate has reprimanded a Bundaberg man after he failed to appear in court for three months.

FAILING TO APPEAR: Ryan Michael Clark faced Gayndah Magistrates Court this month, charged with two offences. Picture: File.

A BUNDABERG man has been reprimanded by a magistrate this month, after he failed to appear in court for three months.

Ryan Michael Clark, 19, faced Gayndah Magistrates court on March 6 on one charge of failing to appear and one charge of breaking into and entering a premises and committing an indictable offence.

Magistrate Terry Duroux had familiarised himself with Clark’s file, and questioned criminal lawyer Morgan Harris on two things.

“My reading of the file is the maximum penalty is life imprisonment, do I misunderstand the charge, Mr Harris?” Mr Duroux said.

“No,” Mr Harris replied.

“Do I misunderstand that the allegation is that this gentlemen committed $20,000 damage, do I misunderstand the file Mr Harris?”

Mr Harris replied once again, saying no.

“So there’s a very real prospect that the significant order being against your client today may very well be a custodial order.

“Is your client prepared to go on that slippery slope today?”

Mr Duroux told the court that this matter came before Bundaberg court on October 11, with it being adjourned to November 11.

This was done to allow the prosecution to get quotes concerning the $20,000 worth of damage the defendant allegedly caused.

“The gentleman then got bail, that’s what my notes are telling me.

“Sometimes a file reads to me.”

Police prosecutor senior constable Balan Selvadurai told the court that the defendant presented himself to the Mundubbera police station on February 10.

“He stated he was wanted on a fail to appear warrant,” Sen-Con Selvadurai said.

Court documents indicated Clark had told police he didn’t think it was worth going to court without legal representation.

Mr Harris said his client comes before the court as a young offender, and the fact he surrendered himself into police should go in his favour.

“It’s three months back,” Mr Duroux replied.

“He has come in three months later.”

Mr Duroux then told Clark that courts were not drop-in centres, stating that magistrates don’t operate around his convenience.

“If you have the privilege of bail, you must turn up.

“If you don’t turn up, sir, you suffer the very significant consequences.

“I must send a clear message to you and other like-minded persons, the court cannot tolerate people who won’t turn up when they’re required to.”

Clarke pleaded guilty to one charge of failing to appear, and was fined $750.

A conviction was not recorded.

Mr Duroux then adjourned the defendant’s second charge of break and entering to May 8 to allow Clark to find legal representation.

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