Yeppoon court: Lynette Schunemann escapes punishment after illegally parking in disabled space

A woman who illegally parked in a disabled space at the Capricorn Coast has faced court - and it ended well for her.

The disability parking space next to the public amenities at Emu Park near the boat ramp.

A woman caught illegally parking in a disabled space at the Capricorn Coast has left court with no punishment.

Lynette Ida Schunemann, 64, pleaded guilty in Yeppoon Magistrates Court on December 1 to stopping in a parking area for people with disabilities.

Police prosecutor Mirren Smith said that on May 24, at 11.48am, Rockhampton police were at Emu Park near the boat ramp when they saw a silver Holden parked in the disabled parking space in front of the public amenities.

Ms Smith said the parking space was clearly marked with two painted disabled parking space signs.

The disability parking bay next to the public amenities at Emu Park near the boat ramp.

The prosecutor said police officers approached the Holden and Schunemann was standing at the passenger side door.

Ms Smith said police inspected the vehicle and no disabled parking permit was displayed.

“Police have questioned (Schunemann) in relation to why she was parked in the disabled parking spot without a permit, to which she stated that she was a disabled pensioner however did not have a parking permit, and that all parks were taken,” Ms Smith said.

“Police observed that this offence occurred on a Tuesday in the middle of the day and that the traffic density, both foot and vehicle, were very light.

“Police observed a multitude of parks available near the amenities also.”

Ms Smith said that on June 20, police received correspondence from Schunemann electing to have the matter heard before a court.

Police subsequently issued her with a notice to appear in court.

Ms Smith told the court the penalty for this offence was $551 and no demerit points issued.

The disability parking space next to the public amenities at Emu Park near the boat ramp.

Solicitor Ken Spinaze said Schunemann was placed on a disability pension when she was 34.

“And that was for post-traumatic stress and anxiety disorder,” Mr Spinaze said.

Mr Spinaze tendered to the court a report by a clinical psychologist.

“She (psychologist) has been treating my client for about eight years and goes into the details of the level of her (Schunemann’s) anxiety, as it was in May, and I’ll let Your Honour read that,” Mr Spinaze said.

Acting Magistrate Ron Muirhead read the report.

Mr Spinaze said as Schunemann’s traffic and criminal histories indicated, she “is someone who is usually law abiding”.

Mr Spinaze also addressed the circumstances of the incident at Emu Park on May 24.

“She (Schunemann) has never disputed that she was parking in a disability spot and that she never had a disability label,” he said.

“But she thought she had an emergent reason at the time.

“The situation was, she was living in a very difficult situation where she was in a housing commission home, or unit.

“And the person across the hallway from her was harassing her.

“At the time she was away from the home, she was suffering from anxiety and didn’t want to go back to the unit at that time until she sought help.

“And she found herself in desperate need to go to the toilet.

“She simply parked in a disabled parking bay... because at the time that she parked there, there was no other parking bays available.

“Had there been parking bays available, my client indicates that she would have parked there.

“But she accepts that by the time she had used the facilities, the amenities, when she came out there were bays available, but the police were there at that stage.”

Mr Spinaze said Schunemann was currently homeless because of the housing situation she found herself in, and she was couch surfing with friends or staying in hotels.

Mr Muirhead said normally a court would impose a fine for the same amount as the ticketable offence or higher, but having considered all the circumstances, he was going to convict Schunemann and not impose any further penalty.

A traffic conviction only was recorded.