Garth Reginald Fitzgerald pleads guilty in Roma Magistrates Court to obstruct police, drug driving, possessing a dangerous drug and utensil

A Roma man who has made ‘genuine attempts to rehabilitate’ was back in court after breaching a Supreme Court order and a suspended prison sentence.

LOCKED UP: A magistrate judge has thrown a Roma man in the watch-house for swearing at him in court.

A Roma father is back in the community and due to face the Supreme Court again after he breached two suspended prison sentences.

Garth Reginald Fitzgerald, 43, pleaded guilty in Roma Magistrates Court to obstruct police, possessing a dangerous drug and utensil and three counts of drug driving.

Police prosecutor Mathew Donnelly said the first drug drive Fitzgerald committed was while he was on parole for drug trafficking matters - a sentence imposed by the Supreme Court.

The court was told Fitzgerald tested positive for methamphetamine for all three drug drives, with the most recent drug drive happening in July where he was charged for obstructing police.

“Illicit substances are illicit for a reason, they change people’s behaviour and that obstruct police has affected his behaviour,” Mr Donnelly said.

“Yes that is conjecture but if you look at his history there’s a lot of history of illicit substance misuse. The defendant has painted himself into a corner.”

Mr Donnelly requested that when sentencing for the drug driving offences the court make Fitzgerald’s disqualification periods cumulative as each charge was aggravated by the previous one because it was a like offence.

“To make it cumulative in my view address the totality of all the offending,” he said.

Mr Donnelly said it was clear all of Fitzgerald’s offending stemmed from substance issues and that jail time would not resolve his offending.

Garth Reginald Fitzgerald pleaded guilty in Roma Magistrates Court to drug driving, possessing a dangerous drug and drug utensil and obstructing a police officer while on two suspended prison sentences.

He recommended a combination of a suspended sentence, probation and immediate parole.

“If the defendant can address his drug issues, life goes forward,” the prosecutor said.

“The first thing he should do when he walks out of here is get his mobile phone and delete all of those contacts that he knows use substances because on the sentence I propose he’s the master of his own destiny.”

Defence lawyer Clancy Robba said imprisoning his client would not serve the public interest and would only punish his family who rely on him as the sole financial provider.

“My ultimate submission is that a combination of orders will allow my client to return to the community, go home,” Mr Robba said.

“I don’t see the public interest being served by the income being taken away from my client’s partner and children.

“The references describe him as a devoted father. Public interest won’t be served by sending my client to prison, his family relies on him.”

Magistrate Shane Elliott said all of Fitzgerald’s charges breach the suspended sentence he was handed in Emerald Magistrates Court in 2022, while the three drug drives breach the suspended sentence he was handed in the Brisbane Supreme Court in 2019.

“At the end of this year you will be committed to the Supreme Court to be dealt with. You’ve previously had part of that sentence activated, nine months, that still leaves close to three years.

“As a consequence of a number of incidents in your life, starting with that bike accident which seems to be a catalyst for a number of the difficulties you’ve had in your life.

“You’ve made genuine attempts to rehabilitate yourself and there’s been a number of relapses you need to continue to deal with, otherwise you will end up in jail.”

Fitzgerald was handed a two month prison sentence, wholly suspended for 12 months, and a six month prison sentence with an immediate parole release. He was also disqualified from driving for a total of 18 months.

All convictions were recorded.

Mr Elliott committed Fitzgerald to the Supreme Court in Roma where he will be re-sentenced on a date to be fixed.