Prison riot accused Michael Bernard Luke Delta, 30, sentenced for perverting justice, harassing call

A man made 16 calls to a woman from prison, encouraging her to get an assault occasioning bodily harm charge dropped so he didn’t face a long period in custody. Read what he said in a particularly harassing call.

“You’re a dead mut when I get out.”

That is the threatening message a man said to his victim during a harassing call from prison after being charged with assault occasioning bodily harm, a court heard.

Michael Bernard Luke Delta, 30, pleaded guilty on October 25 in Rockhampton District Court to one count of using a carriage service to harass and one count of attempting to pervert justice.

Crown prosecutor Alana Murray said Delta had been charged with one count of assault occasioning bodily harm in relation to an alleged incident on January 8, 2021, and it was this charge the Crown relied on for the attempt to pervert justice charge for this sentencing proceeding.

She said after Delta was taken into custody, he made 16 calls from prison to the alleged victim between January 27 and July 15, making contact in 13 of those calls.

Ms Murray said three of those calls made out the evidence in the attempted to pervert justice charge.

“He attempted to pervert justice by providing the complainant instructions on how to withdraw the assault occasioning bodily harm charge and also encouraging her to get the charges against him dropped so that he didn’t face longer periods in custody so that he could effectively be released from custody quicker,” she said.

“The complainant ultimately didn’t attend the Gladstone Magistrates Court in accordance with the summons for the assault charge and her non-attendance resulted in the discontinuance of that particular AOBH charge.”

Ms Murray said the use of a carriage service to harass charge was laid after threats Delta made in a phone call on March 12, 2021, saying “I’m going to kill you when I get out. I’m going to cut your f---ing dog head off. You’re a dead mut when I get out. I f---ing told you wouldn’t be able to do it. And because of that, I’m gonna f---ing kill you. I’ll see you when I get out you f---ing mut.”

Michael Bernard Luke Delta pleaded guilty in Gladstone Magistrates Court to 42 charges, including 12 counts of driving unlicensed, seven fail to stops and three dangerous operation vehicle.

The court heard Delta had been sentenced in Gladstone District Court on June 17, 2022, for arson of a motor vehicle where he received a 15-month prison term.

He also has outstanding charges to be finalised in Gladstone Magistrates Court on November 30 and has been charged in relation to October 2021’s Capricornia Correctional Centre riot.

Ms Murray said Delta’s criminal record involved over 25 sentences by the courts for an array of offences including violence, drugs and failing to comply with court orders and he was on a suspended sentence at the time of committing the offences before the court.

She said of the 11 sentences where Delta received either community service or parole, he breached nine of those orders.

“The defendant has demonstrated himself to have a scant regard for court orders,” Ms Murray said.

Delta’s sentence was adjourned part heard until November 15 due to a lack of available video links between the prison Delta is currently residing in and the Rockhampton District Court sitting dates.