Micheal Andrew Sergent appears before Roma Magistrates Court for failure to appear and wilful damage charges

When a Roma man appeared before court for a mention of two charges, he did not expect to be told he would need to leave his home in seven days. Find out what happened.

Micheal Andrew Sergent faced a wilful damage charge after he allegedly threw a rock over a disagreement over a Kiss CD.

A magistrate has shown his thoughts on music as well as the law, after he questioned why a man who allegedly threw a rock through a window would do so in anger over a missing Kiss CD.

Micheal Andrew Sergent appeared in the Roma Magistrates Court on October 29, facing a charge of failure to appear and wilful damage.

Sergent pleaded guilty without protestation to the failure to appear charge and was fined $300 and a conviction was recorded, but things took a turn when it was time to deal with his wilful damage charge.

Sergent told the court on the day in question he was mowing the lawn and the mower had picked up a rock and hit him in the shin, which he then threw in anger.

He said he threw the rock “recklessly” and didn’t intend for it to go through the window.

However, when magistrate Aaron Simpson asked police prosecutor Sergeant Ellysha Geddes if she agreed with that summation of events, she told the court the facts she had were “a bit different”.

“It’s alleged on the 25th of July at about 10pm at night, the witness was getting dropped home to her address in Roma,” Sergeant Geddes said.

She said when the car pulled up at her address, Sergent was allegedly waiting in the front yard, and allegedly refused to leave when asked.

After an alleged verbal altercation between the parties, Sergent walked onto the road and allegedly picked up a rock which he said he was going to throw at her.

Sergeant Geddes said the witness turned her body to avoid being hit, then heard glass shatter.

He then allegedly said he would keep smashing windows until his Kiss CD was returned, before leaving.

“A Kiss CD?” Mr Simpson clarified.

“Yes,” Sergeant Geddes said.

“First of all it’s a CD, which you could probably get for a buck at lifeline these days,” Mr Simpson said.

“And it’s Kiss.”

Sergent ultimately did not plead guilty to the wilful damage charge, so the magistrate ordered a brief of evidence to be due of December 10, and the next mention scheduled for December 17.

The incident took another unorthodox turn when Mr Simpson asked Sergent why he did not attend the day before, when he was due to appear for a QCAT hearing.

Sergent said he had no idea he was supposed to appear, and so the magistrate took the opportunity to inform him that his lease had been terminated, and he needed to leave his rental property within seven days.

Originally published as Micheal Andrew Sergent appears before Roma Magistrates Court for failure to appear and wilful damage charges