Queensland’s faces of Covid breaches revealed
More than $167,000 in fines have been handed out in Queensland after 121 people were guilty to a Covid-related offence. The dramatic incidents and identities of the people who rebelled against health orders can now be revealed. FULL LIST
Police & Courts
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Covid rule breaching Queenslanders are paying anywhere between $150 and $7000 for their plague related transgressions, the Courier Mail can reveal.
From January to October last year 121 people were found, or plead, guilty to a Covid related offence across Queensland’s Magistrates Courts.
Their fines ranged from $150 to $7,000 according to a Justice Department spokeswoman.
The total amount referred to the State Penalties Enforcement Registry during this period for fines ordered in all Magistrates Court locations for Covid-related offences was $162,094.
On average this amounts to just over $1330 for each offender, slightly below the on-the-spot fine of $1,378 for individual tickets for Covid breaches. However it should be noted not everyone who appeared in court on a Covid related charge was fined.
The largest fine of $7000 is about half the maximum of $13,785 that the Magistrates Courts can impose for a Covid breach.
Out of 121 Covid offenders, most (26) were dealt with in the Brisbane Magistrates Court.
The Southport Magistrates Court finalised the most individual charges (37) during the same period.
Former Queensland Law Society president and leading criminal lawyer Bill Potts said Covid related laws were aimed at serving the greater good.
“If we make something illegal it's designed to encourage people to behave in a particular way in this case for the greater benefit of society,” he said.
“If people don’t act in that way, there has to be some form of enforcement, a law without the ability to enforce it is merely a wish.
“What we have here is a series of laws, which hopefully are used rarely and wisely, but which are designed to deter like minded citizens from disobeying the law.”
The state’s Magistrates have often touched on this utilitarian theme when Covid related matters come before them.
Deputy Chief Magistrate Janelle Brassington, in sentencing New Farm real estate agent Ivo Kornel for failing to comply with a Covid public health direction, told the court that during a pandemic, compliance with Covid rules was critical “ for the purpose and the protection of all.”
“The chief health officer and other health professionals make judgments that can be very painful for the community. It is for the greater good that the community be protected from transmission of the Covid-19 virus,” she said.
“Many people may have reasons and be desperate and in some cases facing significant loss but still, the community asks, and indeed the law demands, that they put aside their own interests for the community‘s interest.”
In the sentencing of Haja Uma Timbo – one of three women who lied on their border declaration pass after returning from the declared hotspot of Melbourne- Ms Brassington hit upon the same theme.
“The essence of the offence, and the reason it exists, is simply to protect the safety and well being of Queenslanders,” she said.
“Many persons have lost both employment and businesses because they have complied with the directions of the chief health officer and understood that the greater interest in the community is the safety of all.”
Covid RULE BREAKERS
IVO JANUSZ KORNEL
The New Farm real estate agent unlawfully entered Queensland from a Covid hotspot, after twice being refused entry, and was found showing a home days later.
The 39-year-old pleaded guilty in Brisbane Magistrates Court last February to one count of failing to comply with a Covid public health direction.
Kornel, a Queensland resident, attempted to enter the state at the Tugun border checkpoint on August 9 2020 but was refused entry because he didn’t have a valid pass.
He returned 30 minutes later to argue his case but again was refused entry.
Prosecutor Courtney Rantala told the court that on August 15 officers were notified Kornel would be showing homes as a real estate agent on that day.
Police found him outside a New Farm property.
The new border restriction had been introduced in the two days prior to Kornel’s attempt to enter Queensland. At the time all of NSW was a declared hotspot.
Deputy Chief Magistrate Janelle Brassington said it was “quite deliberate non compliance”.
She fined him $5000. No conviction was recorded.
LEE VIVIENNE PILCHER
Pilcher, 66, pleaded guilty in Maroochydore Magistrates Court on October 12, to failing to comply with a Covid-19 public health direction.
Police had found her at a Maroochydore home during the southeast Queensland lockdown period on August 2.
She did not have permission to be there as the region was under stay at home orders at the time due to a Covid-19 outbreak.
Pilcher had at one point intended to fight the charge, submitting documentation titled “request for you to obey Commonwealth statute law” to the court.
Magistrate Haydn Stjernqvist returned the “embarrassing” documentation to Pilcher on Tuesday so it wouldn’t remain on file.
The court heard Pilcher had previously been awarded an Australia Day award for her involvement in community events.
Pilcher was fined $600 and no conviction was recorded against her.
The court heard a fine for a health order breach is $1378.
SAMUEL FENUNUTI, EARNEST LOTOMAU, TITHING FAAGASEJAN
Three Logan men were busted after returning to Queensland from Covid-ravaged Melbourne at the height of the pandemic, a court heard in February.
Samuel Tumua Fenunuti, 29, from Slacks Creek, Tithing Keresoma Faagase, 25, from Logan and Earnest Tumano Lotomau, 23, from Waterford, faced Coolangatta Magistrates Court last January.
They all plead guilty to failing to comply with a public health directive after returning to Queensland from Melbourne in August when the southern city was in the grips of the pandemic.
the men had filled in border applications but had been confused by the escalating crisis in Melbourne, believing their suburbs were outside declared Covid hot spots, the court heard.
The trio actually alerted authorities after they returned to Queensland together and discovered all of Melbourne was a declared hot spot. They were placed in quarantine hotels in Brisbane. The men had been in Melbourne for work.
Magistrate Kerry Magee said ‘the absence of an intention to deceive … was an important mitigating factor’.
She placed all three men on good behaviour bonds with suspended fines of $1200 each.
No convictions were recorded.
CLOUD 8 KARAOKE
The Brisbane karaoke bar owner, whose company was fined for failing to collect proper contract tracing information, had the penalty increased in June after taking the matter to court.
Upper Mount Gravatt’s Cloud 8 Karaoke was fined $6672 in August last year after police found many patrons were not entering their details on the venue’s electronic Covid register.
The court heard the venue had been given a warning notice in June by the Office of Liquor and Gaming Regulation.
Police returned in August, 2020 to find the club was still not following the rules.
Mr Wu said police had visited his venue, which has previously had its liquor licence suspended, 23 times since it opened in December 2019. He said he was being victimised.
A Holland Park Magistrate disagreed and was scathing of the venue’s lack of understanding of Covid directions, given a warning had already been issued.
The company was found guilty and ordered to pay an increased fine of $7100 with no conviction recorded.
OLIVIA MURANGA, DIANA LASU AND HAJA UMA TIMBO
An ill timed trip to Melbourne during the Covid-19 pandemic landed the young women, two of whom had the virus, in hot water.
Muranga, Lasu and Timbo travelled to Melbourne in July 2020 when the city was a declared Covid-19 hotspot
But when the three returned to Brisbane they lied on their border declaration in order to avoid paying $2800 for hotel quarantine.
While unknowingly infected, Muranga attended work at a school and visited restaurants.
Lasu also tested positive for Covid-19 but was self-isolating.
All three pleaded guilty to failing to comply with a Covid-19 health direction after charges of fraud and providing false or misleading documents were dropped.
Lasu and Timbo were sentenced to 80 hours community service while Muranga was ordered to complete half that amount.
No convictions were recorded against the women.
ZACHARY ELIAS SPENCER
The 22-year-old spat towards Centrelink staff and threatened to stomp on his dog’s head during a “rage” at Nambour Centrelink, Maroochydore Magistrates Court heard.
He was placed on probation in February for 12 months for his outburst on December 8 last year.
Police prosecutor Lee Allan said Spencer, from Nambour, threatened to stab people and go to jail.
“He’s threatened to stomp on the head of his dog Little Dot,” Snr-Constable Allan said.
He said Spencer “flew into a fit of rage” and approached a security guard.
“He spat on the floor in the direction of the staff member, two times on the carpet,” Sen-Constable Allan said.
“Clearly acting in a manner which would likely cause apprehension or fear of being exposed to Covid-19.”
Spencer pleaded guilty to four charges including failing to comply with a Covid-19 public health direction. Convictions were recorded.
KYLE DAVID GEORGE REED
The Lockyer Valley man was charged with failing to comply with Queensland Health Covid-19 health provisions after police found him 25 km from home in August.
At the time a 10km travel ban had been imposed during a lockdown.
Police caught up with Reed in Gatton well outside the 10km travel ban from his home in Summerholm.
He pleaded guilty in the Ipswich Magistrates Court and was fined $800 with no conviction recorded.
Reed had earlier been issued with two infringement notices for breaching Covid directions. Police said they located him at an address in Gatton several days before he was arrested. In that instance police issued Reed a $1378 fine for failing to comply with Covid-19 public health direction from the chief health officer.
Despite the fine Reed was picked up by police the next day at an address in Gatton, police confirmed.
Again his reason for travel was deemed non-essential, and he was issued a second fine.
When police found him at a third address in Gatton on Thursday they arrested him.
“It was deemed he was a risk to the community,” Insp. Wheeler said.
“He was taking no notice of the chief health officer’s direction.”
DARREN GRAHAME FILES
Files threatened to burn a hotel down after “losing the plot” in quarantine, which he was placed in after flying to Brisbane from Melbourne last August.
His quarantine stay at the Amora Hotel in Spring Hill was uneventful until day nine when he flew off the handle after learning he would have to pay the $3200 hotel bill himself.
Files activated the fire alarm on the hotel’s eleventh floor and screamed at police ‘get every c**t out’ and ‘I will light a fire’. At the time he was holding a cigarette lighter.
Files pleaded guilty in Brisbane Magistrates Court to wilful damage, threatening violence, failing to comply with COVID-19 rules and interfering with a fire apparatus.
His lawyer told the court Files, who had been vaccinated, thought he would be able to self-quarantine at home.
“One of the reasons he lost the plot was he was told he had to pay $3200 because he had to stay at the hotel and not at his home like he was expecting to,” she said.
Magistrate Mac Giolla Ri said hotel quarantine had been a major source of Covid outbreaks around the country and Files posed a “danger” when he left the room.
Files was sentenced to nine months jail with immediate parole. He was ordered to pay $1000 compensation to the hotel.
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