Benjamin Joseph Birch: Homeless man bailed after Emerald Hotel alleged assault

‘We aren’t Russia’: A man accused of a wild pub meltdown that ended in a confrontation with police has been bailed, with a Justice noting the staggering cost of keeping people behind bars.

The Emerald Hotel in Clermont Street, Emerald, Queensland.

A homeless man with an 11-page criminal record accused of assaulting a patron in a Central Queensland pub has been granted Supreme Court bail.

Benjamin Joseph Dempster Birch is charged with one count of common assault, three of wilful damage, one of failing to leave licensed premises and one of public nuisance near a licensed premises.

The charges related to an alleged incident at the Emerald Hotel on July 17.

The 40-year-old is also charged with one count each of obstructing police and public nuisance from the same day.

Mr Birch was on bail at the time for allegedly entering a premise and committing an indictable offence by stealing $80 from a handbag from a parked car.

His bail application was heard in the Supreme Court in Rockhampton on November 22, 2022.

A self-represented Mr Birch told the court he held a mining lease over a Bowen property and would stay at a boarding house in Rockhampton if granted bail.

Calls made by the Director of Public Prosecutions revealed the boarding house had no vacancies.

Justice Graeme Crow said Mr Birch was alleged to have attended the Emerald Hotel the day prior to the alleged offending, claiming his daughter had put money on the bar so he could drink alcohol.

The Emerald Hotel in Clermont Street, Emerald, Queensland.

He said the employee said they did not run tabs and told him to try another pub.

Justice Crow said Mr Birch left that day but returned the following day before becoming aggressive and swearing at the employee when he was told the same thing.

Justice Crow said the employee asked Mr Birch to leave and his behaviour worsened.

“He (allegedly) started to punch and kick at the bar table and a plastic screen and tried to swing punches at (the employee) over the bar,” he said.

Justice Crow said the punches didn’t hit the employee, who called the gaming manager for help.

He said Mr Birch then pleasantly approached two “large-sized Tongans”, telling them he was trying to explain the situation that his daughter had “bought the bar”.

Justice Crow said it was alleged the men told Mr Birch to go outside, and Mr Birch became violent, punching one of the men and barely missing.

It is alleged that while Mr Birch was outside with police, he kicked and smashed a glass door panel.

Justice Graeme Crow. Pic Annette Dew

It is further alleged Mr Birch swore at police, standing in a defensive stance and trying to kick away from officers.

Justice Crow said while in a cell, Mr Birch allegedly blew blood from his nose into the cell, requiring it to be professionally cleaned.

He said Mr Birch’s 11-page criminal record included convictions for drug offences, stealing, dishonesty, break and enters, nine fail to appear in court convictions, four breaches of probation orders, unlawful uses of motor vehicles and obstructing police.

The alleged offending would breach a suspended jail sentence he was serving for drug offences, possessing a knife in a public place and obstructing police.

Mr Sutton said the Crown opposed bail based on Mr Birch’s history of failing to appear, his recidivist offending and lack of bail address.

Justice Crow said the 127 days Mr Birch had already spent in presentence custody was likely to be more than the sentence he might receive for the alleged offending.

“We aren’t Russia. We don’t lock up prisoners forever for the sake of it,” he said.

“While society doesn’t appear to be able to provide housing for all of its homeless, the option of keeping someone who was homeless in prison … costs over $500,000 a year.

“It deprives the person of their liberty.

“It would be a greater evil keeping him locked up in prison.”

Justice Crow granted bail on the condition Mr Birch resides at the boarding house he nominated or one similar.

He was also ordered not to go to the Emerald Hotel.

Mr Birch is due to appear in court again on December 6.