‘You can’t hide’: Michael McKie convicted in Batemans Bay court for a decade-old offence

A local magistrate has told a south coast man he can run, but cannot hide from a decade-old charge, as he finally fronts the courts.

A south coast man — who escaped conviction for over a decade — has finally fronted court over drink-driving charges issued in 2011.

Michael McKie, of Mogo, was charged for mid-range drink driving after being caught by off-duty police officers on Short St in Mogo, and for driving with a disqualified licence.

In September 2011 McKie was scheduled to appear before the Batemans Bay court, but according to court documents, failed to do so.

During sentencing on February 21, McKie was slammed by Magistrate Doug Dick.

“It goes to show, you can run but you can’t hide,” Magistrate Dick said.

The 44-year-old appeared via AVL from custody in QLD where he told the court he was taking care of his unwell father, while also working.

While Magistrate Dick assured McKie that he was not going to be sent to jail for the historic offence, he would not escape punishment.

“You’re no stranger to the court,” Magistrate Dick said. “I’m not going to send you to jail on a charge that’s ten years old, but the issue of probation is very important.

GENERICS

“I have your QLD history here and I can confirm there are a number of entries.”

McKie told the court he was confused about the charge and believed he had attended court.

But, when prodded by Magistrate Dick, McKie admitted he wasn’t sure.

“I’ve got the original court papers here and in the magistrates handwriting it says ‘no appearance’,” Magistrate Dick said. “Do you admit in 2011 you failed to attend Batemans Bay court?”

McKie replied: “I may have.”

Magistrate Dick ordered McKie to a 12-month conditional release order for the historic driving charges, and to a fine of $300 for failing to appear at Batemans Bay courthouse.

A second $300 fee was also made when Magistrate Dick later determined there was a second charge for failing to appear at Tweed Heads Courthouse.

When asked whether he accepted the second charge, McKie told the court: “I’m not sure what happened. I guess I’ll have to.”

Magistrate Dick told McKie the fines were more lenient than if he had been convicted in 2011.

“I have spoken to the prosecutor because the law in 2011 is not the same as the law today,” Magistrate Dick said. “The law in 2011 was more savage.”

Police had been responding to reports of a car doing burnouts in Mogo when they stopped McKie in a Holden Commodore in 2011, according to police facts tendered.

When asked about his license status, McKie told officers: “No comment”.

Later asked about his identity, he refused to comment.

Police had been responding to reports of a car doing burnouts in Mogo when they stopped McKie in a Holden Commodore Short St in 2011

“I'm not telling you right now, we will establish that later.”

McKie initially refused a roadside breath test and was then arrested and placed in the back of a caged police wagon.

Four days later, McKie was arrested again by the same off-duty officer on the Princes Hwy in Batemans Bay for driving without a license.

McKie told the court he suffered from a lot of issues in the past that had gone untreated but was now seeing a psychologist.

Since 2011, McKie has again been convicted for driving offences, as well as failing to appear before court.

In 2018, McKie’s license was suspended after he was caught driving more than 20km over the limit and failed to appear before the Beenleigh Magistrate Court in 2013 and 2019.

Magistrate Dick told McKie it was up to him now to make the right change.

“When you crossed the border, and you do that to make a new home, you have to get a new licence,” he said. “You can’t keep the interstate licence.”