Peter Midgely leaves the Gladstone court precinct after getting bail.
Peter Midgely leaves the Gladstone court precinct after getting bail. Ross Irby

Death threat to mayor, locked medico in room

BENARABY man Peter Midgely who made threats to kill the mayor or stab council staff over a bus pass issue, went back before a Gladstone court to be resentenced over the matter because of a court administrative error.

His sentence imposed back in August 2015 was vacated. Midgely again pleaded guilty to using a telephone service to make threats to kill then mayor Gail Sellers√ in January 2015 - the matter now dealt with under Commonwealth provisions.

The threats were made to an employee of a community agency in 2015 between January 14-17.

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Midgely received the same sentence of three months jail, suspended for 12 months after the court heard his threats had been made because the public could no longer access the school bus into Gladstone.

Midgely, 42, a disability support pensioner, also pleaded guilty to new charges that arose when arrested riding his small moped unlicensed and with no helmet on June 22.

He had ended up in a fracas in Emergency at Gladstone Hospital in which he shut a medico inside a room, the court heard.

Midgely pleaded guilty in Gladstone Magistrates Court to drink driving on June 1 (.108), driving unlicensed (suspended) on June 22, fail to provide a breath specimen for analysis, two counts of obstruct police, serious assault/obstruct of person acting in aid of police, and wilful damage to a hospital oxygen machine.

Peter Midgely leaves the Gladstone court precinct after getting bail.
Peter Midgely leaves the Gladstone court precinct after getting bail. Ross Irby

Prosecutor Barry Stevens said Midgely was verbally abusive and unsteady on his feet when stopped by police at 4.40pm on June 22 while riding unlicensed on the Gladstone Benaraby Road.

When told to provide a breath test he walked away and said: "You're gonna have to catch me."

Sergeant Stevens said he tried to grab a fence when a constable handcuffed him, then refused to get into the police car.

Sgt Stevens said he looked as if he was about to head-butt one officer, tensed up and began kicking his legs at an officer before being taken to the ground.

"He says he will kill them (officers) if he had a chance," Sgt Stevens said.

Midgely was taken by ambulance to the hospital after receiving grazes to his face and shoulder.

Asked to supply a blood sample for analysis, Midgely told medico's "you can shove your blood sample up your a***".

Sgt Stevens said Midgely slammed a door shut which jammed, and a doctor was stuck inside with him.

He then yelled verbal abuse at police through the glass panel but police forced the door open.

The court was told Midgely was agitated and kicked a mobile oxygen machine into a police officer striking his leg and arm, a machine cord snapped.

Sgt Stevens said Midgely had three drink drives in three years and six in 13 years and for a man who shows such blatant disregard he was reaching the point where a suspended jail term should be imposed.

Lawyer Stacey O'Gorman said he suffered with alcohol issues which got him into trouble but did have periods of abstinence.

Magistrate Melanie Ho sentenced him to three months jail over the traffic and hospital matters, immediately suspended for 15 months in which time he must not reoffend.

Fined $1350 he was disqualified from driving for two years.