Driver’s interfering with graves charge dismissed

A driver accused of doing burnouts at a cemetery has had his charges dismissed as a magistrate questioned if it was done over a gravesite or simply, earth.

Nicholas Williams was charged with interfering with graves. Kingaroy Magistrates Court. File Photo.

The lack of gravestones near empty plots has led to charges being dismissed against a young driver for doing burnouts in public.

Kingaroy Magistrates Andrew Sinclair dismissed Nicholas Williams’ charge of interfering with grave plots when he appeared at Kingaroy Magistrates Court on Thursday, November 30.

Police were called to the Taabinga cemetery and crematorium about 12.40pm on November 13 with reports of a white Mitsubishi Lancer “driving around in circles”.

The caller said they were “located beside multiple graves”.

The court was told a male passenger was standing outside the car filming with his phone.

“The passenger then got back into the vehicle and it has driven off at speed,” the police prosecutor said.

Nicholas Williams was charged with interfering with graves.

The next day, police attended Mr Williams’ home who admitted to driving in a “reckless manner” at the cemetery.

“He said he did it because it was a clear patch of grass and he didn’t want to do it on the road,” they said.

“He hadn’t shown any respect or consideration about the location of the offence.”

Before the prosecution could continue, Magistrate Andrew Sinclair questioned where the plots or graves were after he examined the photos of the site and tire marks.

“I’m just looking at the offence … it’s not a grave, it’s not a vault, it’s not a niche, it’s not a war memorial,” Mr Sinclair said.

The prosecutor told Mr Sinclair they were empty grave plots.

“An empty grave plot is called the earth,” Mr Sinclair said.

“He must interfere with a grave, vault, niche or memorial in a cemetery or at a crematorium.

“I just don’t think a vacant grave or potential gravesite, even though it’s very likely to be used in the future, is a grave.”

Mr Sinclair asked the prosecutor what she would like to do, and she indicated she would speak to the officer about the evidence and see what they would like to do.

“OK, the charge is dismissed and the defendant is discharged,” Mr Sinclair said.

Mr Williams’ supporter nodded in agreement as Mr Sinclair dismissed the charge before they both left the court.