Five years slapped on DV order set to expire in days

A 49-year-old man pleaded guilty in the Southport District Court chocking his ex-partner until she was unable to breathe before telling her: “You are going to have brain damage now”, a court heard. Picture: Getty Images.
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A MAN'S domestic violence order was extended by five years just two days before it was set to expire.

Police prosecutor acting Senior Constable Balan Selvadurai told Gladstone Magistrates Court this week that only a week after being granted Supreme Court bail, the defendant was charged with six new offences.

The court heard on November 1, the man failed to report to Calliope Police Station between 8am-4pm, which was one of the conditions of his bail granted two days earlier.

Snr Const Selvadurai said the defendant called the police station at 4.30pm instead, asking why police hadn't checked on him yet.

At 3pm on the following day, police went to the defendant's address and knocked on the door and windows multiple times but did not receive an answer.

Approximately two hours later and again at 7pm, police returned to the address to no avail.

A resident said the defendant had stayed in the home for one night, after which he was barely seen.

Snr Const Selvadurai said at 4.30pm on November 6, the defendant called Calliope Police Station, asking why they hadn't attended his address to check on his bail.

`Now Hear This' is a series of plays as part of the Noosa Long Weekend Festival. Photo Geoff Potter / Noosa News
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Occupants of the residence the defendant was staying at then called police, saying he was "going off".

The court heard the defendant then became agitated and kicked at a lounge chair.

He then banged his hands against plastered walls, causing two small cracks.

The defendant also grabbed a TV, which was on the entertainment unit in the lounge area, and wrenched it out of the wall.

"While removing the television recklessly it caused a hole" in the wall, Snr Const Selvadurai said.

A short time after, police attended an address to execute a search warrant for another matter.

Snr Const Selvadurai said police saw the aggrieved sitting on the front lawn of the residence, "upset and crying and with a contusion to her head".

The victim told police about 30 minutes earlier, the defendant had "passed out on the couch ... heavily under the influence" of Xanax and alcohol.

When she commented that his behaviour wasn't a good example for her two-year-old daughter to see, the defendant roused himself from the couch and had a verbal argument with her, "calling her a sl--, f---ing dog, c--- and scum".

She told police her visible injury was caused by the defendant throwing a lighter at her head.


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About 5.30pm, the man resisted arrest, forcing police to "tackle him to the ground and wrestle him into the vehicle", Snr Const Selvadurai said.

"While being placed into the back of a marked police vehicle the defendant proceeded to kick both the doors and a window." he said.

Defence lawyer Rio Ramos told acting Magistrate Mark Morrow the defendant and aggrieved were in a five-year relationship together and this was a his first contravention.

But due to the aggrieved's injury, the protection order, set to expire in two days, was extended by five years.

Ms Ramos said her client, who submitted himself into rehab while in pre-sentence custody, suffered from anxiety and drug addiction.

"He took his frustrations out on the wall," she said.

She added her client was also Tasered twice by police during the arrest, agitating his anger, which he took out on police property.

The defendant received a head sentence of three months imprisonment, with parole release on November 21 for his next appearance in Rockhampton Supreme Court.