Matthew William Birtles pleaded guilty to public nuisance
A man unleashed a foul-mouthed tirade in a Maryborough public street, drawing the ire of a business owner, but his actions have been explained in court.
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A duty lawyer has defended his client’s foul-mouthed tirade in a public street, saying the man didn’t mean any harm but it was just “part of his nature” to do that.
Matthew William Birtles pleaded guilty to one count of public nuisance and one count of failing to appear in court when he faced Maryborough Magistrates Court this week.
The court heard about 7.45am on December 12 last year, a witness was working at a business on Kent St in Maryborough.
The witness was outside his store when he saw Birtles screaming and swearing loudly, the court was told.
He asked Birtles to move away from his store, the court heard.
Birtles told the witness to “get f----d you c —t”.
The witness then saw Birtles walk down Kent St towards Ray White Real Estate and he could still hear him yelling, screaming and swearing, the court heard.
Birtles continued to walk up and down Kent St, causing members of the public to avoid the area, the court heard.
He then took his thongs off and threw them at the door of a store.
The witness told Birtles he was calling police.
When officers arrived they heard Birtles screaming from about 50m away, the court heard.
Birtles agreed that he would have been yelling and screaming in the street as it was his way of relieving stress, the court was told.
In relation to the second charge, Birtles had failed to appear in court as required and a warrant was issued, the court heard.
On July 17, police were responding to an incident on Richmond St where they found Birtles who was arrested in relation to the outstanding warrant.
He told police he had gotten his dates mixed up and didn’t recall having a court date.
Duty lawyer Warren Hunter said he had been on the veranda that morning and he had heard someone swearing “pretty bad”.
He said Birtles had been the only person there.
“He was talking to himself, swearing away,” he said.
“He meant no harm to anybody and apparently that is the way that he carries on.
“He has bipolar and I don’t think he means any harm but it’s just part of his nature to do that.”
Mr Hunter said he wasn’t saying it wasn’t unlawful for Birtles to do that in certain places, but he shouldn’t be put in the category of someone who deliberately abused people.
Magistrate John Milburn said he would sentence Birtles on the grounds that he did not specifically mean to offend, with his underlying condition being a significant mitigating factor.
Birtles was fined a total of $450 and convictions were recorded.
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Originally published as Matthew William Birtles pleaded guilty to public nuisance