Zackery Edward Walter Gesler faces court for negligent acts causing harm for removing grate covering drain

While on a night out a Toowoomba man drunkenly removed a grate covering a drain in the CBD, and his ‘foolish behaviour’ led to a woman falling into it and injuring herself.

A WOMAN’s halloween night out in Toowoomba CBD turned into a nightmare when she was left covered in scratches and bruises after she fell down a drain thanks to the “foolish” action of Zackery Edward Walter Gesler.

Gesler, 24, appeared in Toowoomba Magistrates Court on Monday and pleaded guilty to committing a negligent act causing harm.

The court was told that on the a night out on October 31 the 24-year-old was with a group walking along Bell Street when one of them tried to remove a grate covering a drain at Bell and Neil streets.

Police prosecutor Sergeant Alister Windsor said Gesler was captured on CCTV about 12.50am removing the grate with another person before it dropped down the drain.

The court was told the area was dimly lit and the drain was of “substantial size”.

“A short time later the victim was walking with a group of friends along the Bell Street mall and has indeed fallen into this drain causing injury to herself,” Sergeant Windsor said, describing the injuries as scratching and bruises.

Amber Acreman, representing Gesler, said her client didn’t usually drink and he felt “extremely embarrassed and feels extremely guilty” that someone was injured as a result of his “foolish behaviour”.

“He has no explanation apart from trying to own his role in what was a shenanigan that has resulted in somebody getting injured,” Ms Acreman said.

Magistrate Kay Ryan said it was “lucky” the injuries weren’t worse, and that it was a “miracle” the victim didn’t suffer a broken bone or fracture.

Gesler was fined $1250, no conviction was recorded.