ACT Magistrates Court: magistrate tells man he is not his buddy, mate

A magistrate has laid down the law against an overly informal defendant who was making a bid for bail. Find out what he said.

A Canberra magistrate has told a young man making a bid for bail that he is not his “buddy”.

A 22-year-old Queanbeyan man, who cannot be named for legal reasons, faced the ACT Magistrates Court on Monday charged with three counts of contravening a family violence order.

The domestic violence order relates to a separate offence, which was not detailed in court, to which the man pleaded guilty.

As Magistrate Robert Cook detailed the charges against the man, Mr Cook asked him if he understood the charges.

The man told the magistrate he’d need to explain the actions alleged, rather than the charges, for him to understand, and in saying so he referred to Mr Cook as “buddy”.

“I’m not your buddy,” Mr Cook responded.

“Sorry mate,” the man replied.

“I don’t know how to speak to judges mate, I’m not here often.”

“I’m not your mate,” Mr Cook said.

“Well who are you then?” the man replied.

The man’s lawyer told the court he had secured a new full-time job as a tradesman, and entered a residence which he is prohibited from attending, in order to pick up his tools.

The lawyer said her client had attempted to arrange a date for police to accompany him to get his belongings but it never eventuated.

Magistrate Robert Cook has told a man charged with breaching a family violence order that he is not his “buddy” or “mate” . Picture: Julia Kanapathippillai

She described her client as a young Indigenous man, with a limited criminal history, who was determined to avoid jail time.

She told the court the man had five younger siblings, and said he aimed to be a father figure and positive role model to his siblings because they did not have a present father.

“He is not doing that (being before the court),” Mr Cook said.

In regards to his alleged offending the man interrupted and told the magistrate “I’ve woken up to myself mate” stating if a situation where he needed to retrieve belongings were to arise again he’d wait outside of a police station until someone escorted him to the house rather than risk another Family violence Order breach.

In giving his reasons for granting bail Mr Cook described the man’s behaviour in court as “argumentative”.

“It is clear he has little respect for the court but respects the (Aboriginal Legal Service),” Mr Cook said.

He said when the family violence charge the man pleaded guilty to comes back to court for sentencing he would excuse himself from presiding over the case.

Despite raising concerns about the man’s track record of following court orders Mr Cook granted him bail, sternly warning the man he’d go to prison if he breached the Family Violence Order again.

“I’m over it your honour,” the man said.

“I’m not going to (breach the order) because it’s a waste of my time, and a waste of yours.”

The man will reappear in court later this month.