Michael Carver Evans sentenced for ‘disturbing’ Old Bar beach behaviour

An elderly Mid-North Coast man who a court heard touched and rubbed his shoulders against young people at the beach told a lifeguard who tried to intervene that “age is just a number”.

Taree Local Court

A retiree who a court heard touched and rubbed his shoulders up against young people at Old Bar Beach and told a lifeguard who tried to intervene that “age is just a number” has been sentenced.

Michael Carver Evans has been under house arrest at his Old Bar residence since March this year after breaching his bail twice in a month.

At the time he was warned – “If you can’t stay away from young people in swimming areas, as clearly ordered by the court, you are sending a message to the court that you want to be locked up.”

Throughout the complex case Magistrate Allison Hawkins has noted the charges the 68-year-old was facing did not “not correlate” with the “disturbing elements of the facts”.

The retired Telstra technician was charged with two sets of offences in January and originally pleaded not guilty.

In May he changed his plea to guilty and was sentenced in Taree Local Court on July 10.

Michael Carver Evans from Old Bar is under 'house arrest' after breaching his bail twice.

According to facts tendered to court police went to his home on January 15 in relation to a number of allegations and he became “immediately irate” when police arrived and pointed his finger at officers, calling them d---heads and c--ts, police facts reveal.

According to court documents he moved to go back inside and as the officers returned to their car he turned and “rushed violently” at the vehicle, ripping a part off the door.

He was taken to the ground and hit his head, but continued to resist arrest.

Evans was repeatedly asked to roll onto his stomach and capsicum sprayed when he refused, the documents state.

The court heard he told officers: “She was coming onto me – she appeared to be keen, that’s all I’m saying”.

As part of his sentence Michael Carver Evans must not go near Old Bar Beach or the parkland near it and undergo anger management treatment. Picture: Facebook.

In relation to this incident he was charged with destroy/damage a police vehicle and hindering/resisting a police officer in the execution of their duty on January 15.

Then on January 27 a lifeguard on duty at Old Bar noticed Evans getting very close to a group of young people at the beach.

Evans bumped shoulders and touched one male on his bare chest and back, prompting the lifeguard to approach and ask: “Are you boys OK?”

Evans said: “Piss off you piece of s--t” and the lifeguard responded with “listen pal, you need to leave these kids alone”.

Evans continued with a tirade and called the lifeguard “a weak piece of s--t”, telling him “why don’t you f*** off or I’ll punch you in the head.”

The lifeguard returned to the patrol tent and called police, who arrested Evans at the beach the next day.

Evans told police the group were his friends but he was unable to provide any names.

He admitted to saying to the lifeguard the previous day that “age is just a number”, but said he could not recall exactly when, the documents state.

Michael Evans admitted to saying to the Old Bar lifeguard that “age is just a number”. Picture: Tim Hunter.

In relation to this incident he was charged common assault and using intimidation/violence to unlawfully influence a person.

Evans’ lawyer Matthew Giles told the court his client struggled to remember details and was planning to see a geriatrician.

Mr Giles also raised his prior criminal history from the 70s and early 80s but Ms Hawkins said she would set this aside in sentencing.

“It was from a different phase of life,” Ms Hawkins said.

For the offences he was ordered to serve a 12-month community corrections order. As part of the order he must not go near Old Bar Beach or the parkland near it and must undergo anger management treatment.

Ms Hawkins said he needed help to control his anger to avoid “blowing up” the way he did.

“There is a great deal of anger coming from you when you are challenged by people.”

For the destroy/damage a police vehicle he was also fined $550.

“If you needed a wake up call this is it,” Ms Hawkins said.