Douglas Philip Whalan pleads guilty to assaulting, obstructing a police officer after backyard bust-up

A 64-year-old Dalveen man faced court after he threatened a cop with a garden implement for taking a plant during a raid at his neighbour’s property. Read more.

A Dalveen dad wound up in court over a bizarre dispute that end with him threatening a police officer.

Douglas Philip Whalan, from the Granite Belt, pleaded guilty in Warwick Magistrates Court on January 24 to assault of a police officer, and obstructing a police officer.

The court was told that on September 15, 2023, police executed a search warrant at an address in the region, on a property bordering Whalan’s yard.

Shortly after noon, Whalan hopped the fence to his neighbour’s property and began “accosting” police officers carrying out the warrant and saying they had been on his property, prosecutor Sergeant Steve de Lissa said.

There were six officers on the scene.

“(Whalan) was not happy, and began berating police before reluctantly leaving (to his own property),” Sergeant de Lissa said.

Officers had been on the neighbouring property seizing cannabis plants, when they accidentally grabbed a plant owned by Whalan. Shortly after, the man was directed to go home.

The man returned to his property, mouthing at an officer to “f--k off” before picking up a star picket and “posturing aggressively at an officer”.

Sergeant de Lissa said the officer believed the threat was quickly escalating, and instructed him to calm down, before arresting the man.

The magistrate however, was quick to label the 64-year-old former fitter and turner’s actions as a “gross over-reaction”.

Magistrate Virginia Sturgess said the Thulimbah mechanic was “overreacting” to behave in that manner, although he was “entitled to feel upset” over the police being in his yard and accidentally removing his plant.

“Police have a difficult job and they don’t always know what they’re going into, they might be on edge and concerned of any risk there might be,” she said.

“I’m really just saying you need to think about it from their perspective, they don't know if you’ll calm down yourself or become a danger to them.”

The magistrate noted the man had a good reputation and no criminal history, and that “things can easily get out of hand and both parties can overreact”.

Whalan was fined $600 and no convictions were recorded.