Barry James Kirkbride pleads guilty in Roma Magistrates Court to public nuisance

A man found lying face down in Bungil creek has faced a magistrate for his actions in the emergency room after police drove him to hospital for a mental health check.

Things quickly turned sour after police tried to help an aggressive man spotted lying face down in Bungil creek, with the ordeal ending in a court date.

Barry James Kirkbride pleaded guilty in Roma Magistrates Court to public nuisance.

Police prosecutor Mathew Donnelly said on June 16 police performed a welfare check after they received information of a man was lying face down in Bungil creek on Edwardes St, Roma.

The court was told police found Kirkbride a short time later on a footpath near the creek.

“Police approached the defendant and asked if he was okay, he walked away from police and stated ‘f–k off c–ts’,” Mr Donnelly said.

“Police informed the defendant he was detained under the provision of the mental health act in relation to an emergency examination authority.

“He continued to abuse police, was placed in handcuffs and transported to the hospital ED (emergency department).

“The defendant in the hospital continually swore at police in front of nurses, patients and doctors. Several children in the department at the time were undergoing treatment by staff.

“He was repeatedly warned about his behaviour.

“A short time later, police offered him a bottle of water and he said ‘I don’t speak to you, you c–ksucking c–ts.’

“He was warned if he continued to swear he would be charged. He continued to call police ‘c–ksuckers’ and ‘c–ts’.

“He repeatedly told doctors there was nothing wrong with him and he was not suicidal, people were making things up about him.

“He was assessed at 3am the following morning by the Toowoomba mental health team, I assume by phone, and discharged.

“He was issued with a notice to appear.”

Magistrate Shane Elliott said he acknowledged Kirkbride has a “legitimate mental health issue” and his criminal history is quite dated with his last entry back in 2016.

“It’s a shame, you can’t be yelling and swearing in hospitals,” Mr Elliott said.

Kirkbride was fined $200 referred to SPER.

A conviction was recorded.