Leslie Michael John Purcell has case adjourned in Kingaroy court

A Kingaroy man who pleaded guilty to an indictable offence had his plea withdrawn by the magistrate when neither the prosecutor or defence could explain what the offence actually was.

Kingaroy Magistrates Court. File Photo.

A man who pleaded guilty to an indictable offence had his plea withdrawn by the magistrate when neither the prosecutor or defence could explain what the indictable offence actually was.

Leslie Michael John Purcell appeared at Kingaroy Magistrates Court on Thursday via video link from the Maryborough Correctional Facility and pleaded guilty to attempting to enter a dwelling with intent, obstructing a police officer and possessing drug utensils.

The first charge was an indictable offence as the charge was breaking into a property with the intent of committing a crime once inside.

Police prosecutor Lisa Manns told the court on January 5 about 9.34am the 45-year-old knocked on the front door of a house on Parkside Dr in Kingaroy.

“The victim was home at the time and was watching the defendant on CCTV footage,” Sergeant Manns said.

She said Mr Purcell then walked around to the back of the property and “placed a bucket” in front of one of the CCTV cameras before the victim rang police who found Mr Purcell “hiding in the grass” before fleeing.

Police were able to identify him from the CCTV footage and found him five days later on January 10 along Kingaroy St and arrested him.

Police prosecutor Lisa Manns.

Sgt Manns began discussing the other two charges before magistrate Andrew Sinclair interjected and asked what the indictable offence was for the attempted to enter with intent charge.

Sgt Manns said her instructions didn’t “make clear” what the intention was before she began reviewing the file.

“All I’ve got is knocking on the door, doing a couple of things … why did he leave again?” Mr Sinclair asked.

“He just left … he desisted from attempting to enter,” Sgt Manns replied.

• WATCH: Rescue chopper called to winch man after steep cliff fall

Mr Sinclair then focused his attention on Mr Purcell's lawyer, Mark Oliver.

“Mr Oliver, you’ve allowed him to enter a plea of guilty, what are your instructions as to what his intent was? You must have those otherwise you wouldn’t have allowed him to enter a plea of guilty.

“You must have carefully read the charge and considered all the elements of the offence and satisfied yourself that you have instructions that he has committed this offence otherwise we wouldn’t be here,” Mr Sinclair said.

Mr Oliver said because his client covered the CCTV camera he “took it to be an intent to enter the premises”.

Mr Sinclair said that did not explain what the attempt to enter with intent was.

Kingaroy Magistrate Andrew Sinclair.

“Covering a CCTV camera is not an indictable offence,” Mr Sinclair said.

“Well in that case, I have wasted your time your honour, I do apologise,” Mr Oliver replied.

Mr Sinclair said he wasn’t “accepting his plea” of guilty.

“I can’t see that he’s committed the offence,” he said.

Before adjourning the matter, Mr Purcell asked from his video link if he could speak, which Mr Sinclair allowed.

“I jumped in a cab with (the victim) to go back to his place … he invited me to his home the night before I got charged,” Mr Purcell said.

He said the Taxi CCTV footage would show them together but his lawyer Mr Oliver said it was the first time he had heard that from his client.

‘Excited’: Emotional swearing in as first Qld council declares

Mr Sinclair told Mr Oliver he would expect that he would have interviewed his client before the hearing.

“You would explain to him each element of the offences, he would have gone through them all, you would have gone through the whole criminal code for all the offences … and satisfy yourself that he was guilty,” Mr Sinclair said.

Mr Purcell then interjected from his video link.

“They just wanted me to plead guilty … I’m not guilty,” Mr Purcell said.

“There you go, he says he’s not guilty,” Mr Sinclair said.

Mr Sinclair said if he had only been charged with trespass for the first count “they wouldn’t keep him in”.

Kingaroy Magistrates Court. File Photo.

Sgt Manns said if there were changes made to the charge, she would let the defence know and “he may wish to bring the matter back on earlier”.

Mr Sinclair said it takes a “great deal of effort” for registry staff to reorganise proceedings.

“There are limited slots, we’ve now wasted this slot so not only is the court’s time wasted on this but some other prisoner has had their matter delayed because we took this slot.

“It is ideal that instructions are taken by both parties so that they know what they are doing before we come to court,” he said.

The matter will be mentioned again on May 31.