Jonathan Justin Shorley convicted, released after he snuck into South Australia aboard a freight train
A man who snuck into South Australia illegally has argued in court a conviction would have an impact on his future career prospects.
An aspiring train driver who illegally snuck into South Australia as a stowaway on a freight train has failed in his bid to dodge a conviction.
Jonathan Justin Shorley, 41, boarded the train at Dimboola, Victoria, and was arrested by police on its arrival in Adelaide on October 21.
Shorley, of Horsham in regional Victoria, spent the following two weeks behind bars and pleaded guilty to failing to comply with a direction during a hearing in the Adelaide Magistrates Court on Wednesday.
The court heard he had applied for essential traveller status under South Australia’s COVID directions, but he had not been approved by the time he crossed the border.
At the time of Shorley’s arrival, Victorians were not allowed to enter South Australia unless they had been granted an exemption.
Defence counsel Patrick Deegan said his client was currently a train driver’s assistant but is training to be a driver and the purpose of his trip was to visit the South Australian depot.
“It means that he would be somewhat more employable and further his career,” he said.
A letter handed to the court from Shorley’s employer, Pacific National, said he was required to travel throughout Victoria and occasionally interstate for work.
Mr Deegan asked Magistrate Jayne Basheer not to record a conviction for reasons including potential impacts on his client’s future career.
He said Shorley’s phone had been taken from him when he was arrested, and for a period his family was not aware of his whereabouts.
Ms Basheer released Shorley without further penalty, given the time he had already served in custody, but recorded a conviction.
“It’s imperative in the COVID pandemic that the community is protected, and I think to decline to record a conviction sends the wrong message,” she said.