Caleb William Shepherd pleads guilty to committing a negligent act causing harm in Toowoomba Magistrates Court

A woman’s night out celebrating her 28th birthday ended in disaster after she fell 1.25m down a stormwater pit, with the man responsible for lifting the grate just minutes prior facing court for his negligent act.

Out celebrating her 28th birthday on Halloween, a woman’s night ended with her suffering scratches and bruises after she fell into a 1.25m stormwater pit.

Just minutes prior, the heavy grate covering the drain was removed by Caleb William Shepherd, Toowoomba Magistrates Court was told on Tuesday, where he pleaded guilty to performing a negligent act causing harm.

CCTV footage captured by Toowoomba Regional Council’s CitySafe cameras showed the 23-year-old with a group of people walking along Bell Street Mall about 12.50am on October 31, 2021.

Shepherd was shown lifting the grate of the stormwater drain, which police prosecutor Anita Page said weighed some 36kg, before a second person grabbed at it, causing the grate to fall down the pit, before the group left the scene.

Just after 1am the victim and a friend were walking along the mall when the woman fell into the exposed 1.25m drain.

Police who were conducting operations within the safe night precinct responded to the incident, which was captured on CitySafe cameras.

Ms Page said the woman suffered numerous bruises, grazes and scratches as a result, but the consequences could have been far worse.

“It is serious, the consequences were serious to the victim,” she said.

“The depth of the drain was 1.25m and it’s clear from the footage that it was a heavy grate, and that he did voluntarily do the act of lifting the grate.

“He has commenced the actual act, even though as indicated by footage there was another party involved.”

Addressing the victim directly, who was present in court, Shepherd said he accepted what he did was “very irresponsible” and offered his sincere apologies.

“I regret my actions and the hurt they caused immensely,” he said.

Shepherd told the court he had been unemployed for some time but was looking to find employment in the construction industry.

Magistrate Clare Kelly said it was fortunate the victim wasn’t more seriously hurt, and that others weren’t caught up in the hazard.

Noting the co-offender was fined $1250, Ms Kelly ordered Shepherd to perform 120 hours community service, with no conviction recorded.

Originally published as Caleb William Shepherd pleads guilty to committing a negligent act causing harm in Toowoomba Magistrates Court