Ingham court: Shuantay Purcell alleges discrimination behind wilful damage

A young man who alleged he was denied entry to a pub because of the colour of his skin lashed out by vandalising council-owned public toilets, a North Queensland court was told.

Shuantay Kel Purcell, 19, pleaded guilty in the Ingham Magistrates Court to wilful damage of Hinchinbrook Shire Council-owned public toilets in Rotary Park on Herbert Street earlier this year. Picture: Cameron Bates

A young man who alleged he was denied entry to a pub because of the colour of his skin lashed out by vandalising council-owned public toilets, a North Queensland court was told.

Shuantay Kel Purcell, 19, pleaded guilty in the Ingham Magistrates Court to wilful damage in relation to the incident in Rotary Park on Herbert Street earlier this year.

Prosecutor Nathan Smith said the Hinchinbrook Shire Council reported the incident to Ingham Police, alleging that a soap dispenser had been ripped from a wall and a lattice fence around the toilet stalls had been damaged.

He said CCTV showed that three males were responsible, with the defendant responsible for removing two of the six fence palings, and not the soap dispenser.

No restitution was sought for the damage.

Shuantay Kel Purcell, 19, pleaded guilty in the Ingham Magistrates Court to wilful damage of Hinchinbrook Shire Council-owned public toilets in Rotary Park on Herbert Street earlier this year. Picture: Cameron Bates

Defence lawyer Fleur Lettice of the Aboriginal and Torres Strait Islander Legal Service (ATSILS) said her client had no criminal history.

She alleged that Purcell and some friends had attempted to gain entry to a licenced premises wearing appropriate clothing and sober, but “only the Caucasian member of the group was allowed to enter”.

“They were abused … they left, I guess they were a bit upset and essentially, while it wasn’t targeted wilful damage (as a) direct result of that, he said it did contribute to the mood that they were in and why they were out when they were at that time.”

Ms Lettice said her client, who was studying to become a barber, was still young.

She urged a good-behaviour bond be imposed.

Magistrate Cathy McLennan said she understood the pain that was caused when people were refused access.

“(But) there are better ways to deal with it than what you did because you know you are better than that person who refused you access,” she said.

“But then you’ve gone off and done this and kind of like proven them right almost – you are capable of being better than this both for yourself and your own pride and the community.”

Magistrate McLennan said there were other, legal ways to deal with discrimination, including contacting ATSILS.

“Back 30 years ago that’s what we were doing, we were taking anti-discrimination cases through and changing the way things were,” she said.

“Going out and damaging property, that’s not going to change the way things are, it’s just going to make those people think ‘oh, yeah, I was right about that’,

“You are better than this.”

Purcell was released on a $300 good-behaviour bond for six months.

No convictions were recorded.

Originally published as Ingham court: Shuantay Purcell alleges discrimination behind wilful damage