Ryan Nicholas Fitzpatrick sentenced in Hervey Bay for public nuisance, stealing

A Pepsi-pinching pest told police he had the blessing of Queensland’s most powerful politician, a court heard. It wasn’t long before he was in trouble again – this time with another unlikely story.

A Hervey Bay man has told the Magistrates Court that he only stole from a Kawungan service station because the’ Premier had given him permission’, before sneaking into a gym and stating he was a manager to police.

A man who downed Pepsi, muffins and other snacks at a Hervey Bay service station and refused to pay, told police he had the Premier’s blessing to do so.

The bizarre (and unfounded) excuse was read out in Hervey Bay Magistrates Court where Ryan Nicholas Fitzpatrick, 44, appeared via videolink on Thursday.

The court heard Fitzpatrick visited Freedom Fuels Kawungan on March 22, 2025 and police were called at 11pm after he was reported to have been causing a disturbance while other members of the public were trying to pay for fuel.

Police Prosecutor Louise McConnell said officers found Fitzpatrick sitting on a stool with remnants of food and drink on the ground.

CCTV footage from the store showed Fitzgerald selecting multiple food and beverage items before he attempted to leave without paying.

The station attendant told him to pay, however, Fitzgerald then began to eat a muffin and a sandwich, before throwing some of the food at the attendant.

He then grabbed a chocolate bar and proceeded to eat it, before going through the fridges and drinking parts of a 1.25L Pepsi and 1L Maximus, spilling the contents on the floor.

“He stated that the Premier had given him permission to take the items,” Ms McConnell said.

Fitzgerald was granted bail but reoffended the very next day.

On March 23, he entered Anytime Fitness Urraween at almost midnight, responding to reports a man who was not training was rummaging through bags and cupboards.

When police arrived, they found Fitzpatrick wearing new Anytime Fitness socks, holding a new bag with a gym access key, and wearing an emergency alarm that the gym provided to members for after-hours workouts.

The court heard that when questioned by police, he claimed to be one of the managers and said he could take anything he wanted.

He was offered the chance to have an interview with police but declined and said he “simply wished to speak to the Premier”.

Ms McConnell detailed the man’s history of public nuisance, including an instance where he placed clothing on top of his car, dousing them with fuel, and setting them on fire in a Woolworths car park in December, 2023.

His defence lawyer, Virginia Ukpabi, said Fitzpatrick has “struggled on and off with homelessness” after moving to the Hervey Bay area eight years ago.

Fitzpatrick pleaded guilty and was sentenced to three months’ imprisonment for trespassing, three months imprisonment for stealing, 38 days imprisonment for public nuisance, with convictions recorded for all charges including unlawfully taking away shop goods.

The sentences will run concurrently, with a parole release date set at today, May 1, after being in custody since March 24.

Convictions were recorded.

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Originally published as Ryan Nicholas Fitzpatrick sentenced in Hervey Bay for public nuisance, stealing