Mackay police slammed by magistrate for Justin Lee Brunker committal delay

Queensland police have been slammed for leaving a man in jail an extra three months as delays drag on, with a magistrate lambasting the service as having contempt for court orders.

Queensland police were slammed in a regional courtroom for leaving a man in jail an extra three months as delays dragged on, with a magistrate lambasting the service as having contempt for court orders.

A senior North Queensland legal figure has asked police “why shouldn’t I charge you for contempt?” after a case was once again delayed because of the prosecution.

Magistrate Damien Dwyer lambasted Mackay police when Justin Lee Brunker’s scheduled committal was again delayed due to police deferrals.

Mr Brunker is charged with a series of shocking offences, including arson, assault occasioning bodily harm, breaking and entering in Collinsville on January 6 as well as deprivation of liberty on unknown dates between Sep 1 and October 31, 2023.

Police prosecutor Sergeant Matthew Thompson was asked how several statements of police and witnesses were not yet provided seven weeks after the deadline, April 29, ordered by the magistrate, but had few answers.

“With the greatest of respect, Sergeant, you have had carriage of this matter (since) January 8 and we’re still waiting for it, what’s going on?” Mr Dwyer asked.

Justin Lee Brunker is charged with a series of shocking offences. Photo: Contributed

“It wasn’t done, it’s still not done, and all I get is ‘I don’t know’.

“And this fellow’s going to sit in jail until the police get off their backside?

“Courts don’t work that way Sergeant, not in Mackay, not in court number two.

“This is simply not on.

“Contempt of court orders, that’s what it is.

“If a magistrate orders someone not to drive and they drive, I’d expect the police to arrest them.

“I want this referred to the superintendent and I want it referred to the commissioner of police in Brisbane.”

Magistrate Damien Dwyer.

Mr Dwyer said the “only saving grace” for police was that Mr Brunker had not yet made an application for bail, who watched on silently from a video-link to Capricornia Correctional Centre.

Sgt Thompson confirmed the last item needed to provide the brief was an Emerald-based police scientific officer’s statement, which was awaiting peer review by another scientific officer in Townsville.

Mr Brunker is also charged with six counts of stealing, two counts of wilful damage, obstructing a police officer, and contravening a police direction.

Mr Dwyer adjourned Mr Brunker’s matter to the next Wednesday and requested the initial sergeant who directions were made to to “come and see me”.