David James Pert claims Aboriginal roots in rude clash with Mackay magistrate

Telling the court he was Indigenous because he was “born in Australia”, a man demanded to be tried in Murri Court, insisting he had the equipment to prove his claims.

A man who asked a magistrate to be tried in Murri Court because he had a “black c-ck” and “was born in Australia” was told his rude attitude could have him thrown out.

A man was warned by a Queensland magistrate his rude claims and disrespectful attitude could have him thrown out of the courthouse.

David James Pert was in Mackay Magistrates Court on Wednesday when he clashed with Magistrate Bronwyn Hartigan over claims he was Indigenous due to his “black c--k”.

Mr Pert asked for his matters to be transferred to Murri Court, a specialist community court for sentencing Aboriginal and Torres Strait Islander people in Queensland.

Yet when Ms Hartigan, who has presided over Murri Court for years, asked who his mob was, Mr Pert had no reasonable answer.

As Ms Hartigan explained the Murri Court would not accept him, Mr Pert interrupted “I am Aboriginal, I’ve got a black c--k”.

“You can’t really prove that I’m not Aboriginal, can you?” Mr Pert insisted.

“I was born in Australia, so I’m Aboriginal.

“I’m not going to argue about it, it seems unfair as hell to me.”

Murri Court requires a kinship or appropriate connection to an Aboriginal and/or Torres Strait Islander community to be considered eligible.

Mr Pert is charged with assaulting police, trespass, unlicensed driving, and failing to provide a breath test.

The court heard him say he was thinking of representing himself as the “case seems pretty shoddy”.

After adjourning his matters for case conferencing and enlarging his bail, Ms Hartigan stopped Mr Pert to reproach him for his impertinent conduct.

“If you talk like that to the duty lawyer, they will get security to remove you from the courthouse, so don’t do it,” Ms Hartigan warned.

As Mr Pert left, he gave an deep bow and said in an exaggerated tone “Goodbye, your Highness” to Ms Hartigan.