Ex-Bowen man runs through barbed wire to escape police
Lawyer says he was embarrassed to be caught with a pipe after family paid for rehab.
Whitsunday
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THE embarrassment of telling his family he was caught with a pipe after they paid for rehab was enough for a man to run through a barbed wire fence to get away from police.
A magistrate pressed the importance of treating police with respect after Cody Beau-Dean Mundey admitted to struggling with officers and knocking capsicum spray out of an officer's hand before legging it.
Police prosecutor Chelsea Pearson said Mundey was originally pulled over for a licence check just after midnight on February 5, but things took a turn.
Bowen Magistrates Court heard Mundey consented to his HiLux being searched and took items out of his pocket, but he had his right hand in his pocket and refused to remove it.
Ms Pearson said Mundey started to tense and was placed under arrest, but he physically struggled and knocked capsicum spray from one of the officer's hands.
Mundey was then tasered in his shoulder, but it had "little effect".
"The defendant managed to break free of Senior Constable Sinclair's grip, stood up and ran across a paddock and through a barbed wire fence," Ms Pearson said.
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Police found the 25-year-old man at home later that morning, noticing he had large cuts on his face, and took him to the watch house.
Ms Pearson said after Mundey had fled, police found a glass pipe inside a sunglasses case with white residue, consistent with methylamphetamine.
This week Mundey pleaded guilty to two counts each of obstructing police and possessing utensils or pipes.
The second possession of utensils charge was laid in April after Mundey was searched and a pipe was found in his jocks.
Lawyer Mark Butler said Mundey had been struggling with drug issues and had completed drug rehab, which was funded by his family.
After rehab he returned to Bowen where he had the temptation to access drugs, Mr Butler said.
"He had his hand in his pocket in an effort to hide the utensil," Mr Butler said.
"It would be significant embarrassment in front of his family if he was caught, that's why he made the stupid move to obstruct, resist and in fact, run away.
"He received some punishment by virtue of being tasered and then later by running into a barbed wire fence.
"He also had to tell mum … and his sister and his partner about all the issues that are now before the court."
Mr Butler said Mundey had since relocated to Ayr and was a boilermaker by trade and while he wasn't working in the trade at the moment, he had full-time work.
The lawyer asked Acting Magistrate John Milburn to consider not recording a conviction against Mundey's name as it would impact on his ability to work as a boilermaker in the future or in the family security business if required.
Mr Butler said it would help ensure Mundey didn't fall back into being unemployed and returning to Bowen.
"And then he's back in the spiral of being close to friends where the drugs are available," Mr Butler said.
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Mr Milburn opted not to record a conviction, due to Mundey's early plea of guilty and a reference from his mother, but pressed the importance of treating police officers with respect.
"You have shown your ability to co-operate and seek to improve yourself, in that sense you ought to be applauded," Mr Milburn said.
"Having said that, your behaviour in dealing with police was poor.
"Police deserve considerable respect when they're trying to undertake their work, they didn't need you to act in the way you did.
"The fact that they had to deploy spray means that you were acting in a very poor manner."
Mundey was fined a total of $1250 and no convictions were recorded.