Mackay court: Cambridge Claassen’s interview with police dismissed by judge

A man charged with assault and choking called for an interview to be dropped from evidence on account of his staggering drunkenness.

Mr Claassen applied to have an interview conducted by police on the night of his arrest be ruled out of his ongoing matter, on account of his high BAC at the time. Photo: Fergus Gregg

A Mackay man charged with common assault and choking called for evidence to be dismissed on the grounds he was too drunk when he spoke with police.

Police came to Cambridge Claassen’s property and charged him with two counts of common assault and one count of choking — both domestic violence offences — at 8pm on March 9, 2023, and interviewed him.

Defence barrister Anthony Franklin said Mr Claassen’s interview that night was unreliable, as he had been drinking almost all day.

“(Mr Claassen) had consumed between … 33 and 33 and a half standard drinks between 10am and 8pm,” Mr Franklin said.

According to his defence barrister, Mr Claassen discovered $200,000 missing from his account just two hours before police arrived to his house. Photo: Fergus Gregg

Mr Franklin then said at approximately 6pm that night Mr Claassen discovered around $200,000 missing from his bank account.

The court heard Mr Claassen was breath tested at the watchhouse after his arrest, returning a result of 0.153 BAC.

“It was the combination of the significant consumption of liquor plus that complete shock of finding out that he was missing $200,000,” Mr Franklin said.

“His mind was elsewhere and he was not able to concentrate on the questions that were being asked of him.”

The court heard Mr Claassen had no issue with subsequent interviews conducted with police.

Mr Claassen’s application was granted by District judge John Allen.

Crown prosecutor Monique Sheppard offered no opposition to the application and said “the circumstances are the defendant was heavily intoxicated when he was admitted to the watchhouse”.

“In those circumstances concession is made by the crown,” Ms Sheppard said.

District judge John Allen said he was satisfied “It would be unfair to admit the evidence”.

Judge Allen said evidence of Mr Claassen’s drunken state also came from the complainant.

The application was granted and the matter will go to trial later in the year.