Warwick man faces court after being busted on CCTV breaching DVO
A well-known Southern Downs man has flaunted the rules of a DVO against him after he was caught on CCTV breaking the stipulations of the order.
Stanthorpe
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A well-known Southern Downs man was caught on CCTV breaching of his DVO, which resulted in the man ending up in front of a magistrate.
The community figure, who cannot be named for legal reasons, appeared in Warwick Magistrates Court on Monday, pleading guilty to breaching a DVO.
The 56-year-old, being the joint owner of a property, entered the premises on the morning of June 23, the court was told.
The nature of the order against the Warwick man meant he could attend the address, but could not approach within 50m of the aggrieved, and could only approach within 50m of the property unless tending to the pigs.
He was busted on CCTV overstepping the boundaries of the order, when the aggrieved checked cameras at the property, after noticing that some antique chairs had been removed.
Footage showed that the man had entered through a private gate and removed tractor seats from another part of the address.
Defence lawyer Amanda Boyce argued that the man was told at time of offending the aggrieved was not at the address, and said there was no direct contact between the parties.
Magistrate Virginia Sturgess told the man his actions had “nothing to do with tending to the pigs” and was a clear breach.
“The only reason you are going to the property is the pigs, and not to go and retrieve property you may want, or to wander about and do anything else on the property,” Ms Sturgess said.
“If it wasn’t clear before it needs to clear to you now – this is a court order, you are obliged to comply with it and it is an offence to breach it – there’s no such thing as a technical breach.
“There are people out there who have protection orders in their favour and they are entitled to expect they will be enforced.
“Just because you knew (the aggrieved) wasn't there isn’t an excuse.”
The man was fined $500 for the breach. No conviction was recorded.