Judge details how the Gympie council melee unfolded

Sentence handed down to two of the Gympie Three

PROTEST: Scenes from video footage taken from the May 31, 2016 incident at Gympie Regional Council's Mary St office. Picture: Contributed

GYMPIE Aboriginal activist Wit-boooka (pictured) was sentenced to suspended jail in Brisbane District Court yesterday.

The sentencing comments of Judge Bernard Porter, presented on live video link in Gympie Courthouse, brought to an end three years of waiting.

Gympie jury ponders land rights and crime in council fracas

Judge Porter summed up the cascade of events that led to a brief period of violence in a council office area, where Mayor Mick Curran struck Wit-boooka, who appeared in court under his registered name Gary Tomlinson, of Southside.

"That was the start of the melee," Judge Porter found.

Judge Porter said he had determined that Wit-boooka, his second cousin Mervyn Tomlinson of Bundaberg and Diane Redden-King of Curra, went to the council offices "to carry out a protest relating to indigenous land rights".

Mervyn Tomlinson and Diane Redden-King had peaceful intentions and at first, Wit-boooka did as well.

Scenes from video footage taken from the May 31, 2016 incident at Gym[pie Regional Council's Mary St office. Picture: Contributed

However Wit-boooka had climbed over the reception desk into a non-public area of the council offices. He then told the surprised young woman behind the counter he was evicting her and if she didn't want to get hurt, she should leave.

He then walked to the contact centre room and told staff to leave, using "a forceful and aggressive voice".

A senior council executive, Dimitri Scordalides, arrived quickly after being summoned by a staff member and he and a temporary staff member stood in Wit-boooka's path.

"He pushed them back, an aggressive act done in anger," and that was the basis of the first two charges of common assault, of which Wit-boooka had been found guilty.

Scenes from video footage taken from the May 31, 2016 incident at Gym[pie Regional Council's Mary St office. Picture: Contributed

At around this point, Diane Redden-King, who had been waiting in the public area, was invited into the staff area by a council staff member.

Mervyn Tomlinson did the same and hesitated before also being invited to accompany Diane Redden-King.

"The uniform evidence of council staff is that until the confrontation between (Wit-boooka) and (Mayor Mick Curran), Mervyn Tomlinson and Diane Redden-King were quiet observers.

"I find that Mr Curran agreed to talk to (Wit-boooka) if he went outside

Scenes from video footage taken from the May 31, 2016 incident at Gym[pie Regional Council's Mary St office. Picture: Contributed

"Soon after that, Mr Curran struck (Wit-boooka) with an open hand to the bridge of his nose, which broke.

"This sparked off a melee in which (Wit-boooka) struggled with Mr Curran."

Wit-boooka had not struck anyone to cause injury and was acquitted of the three charges brought against him involving Cr Curran as victim.

Judge Porter sentenced Wit-boooka to two months jail, suspended for 12 months.

Mervyn Tomlinson was ordered to perform 40 hours community service.