Stolen boat used to launch meth-fuelled crime spree targeting luxury yachts in Cairns marina

A crayfish diver whose crimes sound like a criminal variation of a popular nursery rhyme – stole a boat, to break into luxury yachts, to steal some keys, to take a car, to tow a stolen caravan – has been jailed.

Benjamin Karl Fogarty, 39, has pleaded guilty to 22 offences after a meth-fuelled crime spree involving stolen cars, boat and a camper trailer and some high-speed dangerous driving in both Malanda and Deeral.

A former crayfish diver’s descent into meth-fuelled crime was laid out this week with a Cairns court told he stole a boat, to break into luxury yachts, to steal keys, to take the cars, to tow a stolen camper trailer – a tale that sounds like a criminal version of the old nursery rhyme, The Old Lady Who Swallowed a Fly.

Benjamin Karl Fogarty, 39, pleaded guilty to 22 charges this week related to a crime spree between March and April this year.

The charges included unlawfully using cars and a boat, entering premises, trespassing, receiving tainted property, attempted entry, and failing to comply with a police order to supply the passcode to a mobile phone.

The court was told Fogarty took a boat in April that had been chained to a dock in Tingira Street and used it to get to Marlin Marina, where he attempted to break into two luxury yachts, stole two sets of car keys from another vessel, then took both of the cars from the marina car park a few days apart.

He was a disqualified, unregistered driver and hooked a stolen camper trailer to the second car and headed south, the court was told.

Benjamin Fogarty twice sped away from police in March and April this year, pleading guilty in Cairns Magistrates Court to two counts of dangerous driving.

Police prosecutor Taylor Reedy said the owner of the stolen car tracked and followed the vehicle to Deeral and tried to get it back when Fogarty stopped at a service station.

“The victims have followed behind the stolen vehicle and have observed (Fogarty) drive into a cane paddock and unhook the camper trailer,” Ms Reedy said.

“(Fogarty) did a U-turn … travelling at speeds of 120-130km/h (and) has positioned the stolen vehicle within centimetres of the victim’s vehicle, attempted to force them off the road by being next to them, which has continued for several kilometres.”

This was Fogarty’s second dangerous driving offence, following an incident on March 9 this year when he sped away from police in Malanda, changing lanes into oncoming traffic, hitting a driveway, becoming airborne and landing on a verge before speeding off again.

“It can be described as a spree of offending … The defendant is incredibly lucky his passengers or the other road users weren’t involved in a road accident, which could have been catastrophic given the nature of the driving,” Ms Reedy said.

Former cray fisherman Benjamin Fogarty stole a boat chained to a dock in Portsmith then went to the Marlin Marina to look for car keys to steal, a court has been told.

Defence solicitor Madison Thieme said Fogarty, a father, former cray diver and farm manager, had lived a law-abiding life until a series of recent personal challenges, including a marriage break-up.

“Essentially, he began using meth and, at the time of the offending, was using a half to one gram a day,” Ms Thieme said.

“It’s not an excuse for his offending but it goes to his state of mind.”

Ms Thieme said that, since the recent stint in jail, Fogarty had gotten clean, completed a parenting course and counselling, and was motivated to get custody of his recently born youngest son.

Magistrate Terence Browne described the sentence as having “lots of moving parts”, noting that Fogarty had been “menacing the victims as they tried to track their own car”.

“It could be said there’s a little bit of everything there – it is very mixed offending,” Magistrate Browne said, describing prison as the only option.

Cairns Magistrate Terence Browne said he could see the damaging effects of meth in Fogarty’s life.

Mr Browne disqualified him from driving for a year and sentenced Fogarty to two-and-a-half years’ imprisonment, setting his parole release date at March 1, 2026, to take into account his early guilty pleas, rehabilitation attempts and the 76 days he had spent in custody on remand.

“I have noted over many years that anyone who begins using methylamphetamine simply does damage to themselves and those around them, and the more you use, the more damage you do and it is clear to me that drugs have played a very significant role in your decision-making and behaviour,” Mr Browne said.

Originally published as Stolen boat used to launch meth-fuelled crime spree targeting luxury yachts in Cairns marina