March 25, 2013
A 32-year-old Cherbourg man charged with stealing the keys to the local police station and obstructing police during an incident which turned into a near-riot in the town last December has been sentenced to 120 hours community service.
Aaron Carlo pleaded guilty in Murgon Magistrates Court last week to assaulting police and stealing over the incident which occurred last year. He also pleaded guilty to a separate charge of possessing a bong.
Police Prosecutor Sgt Pepe Gangemi said police pulled over a driver in Cherbourg at 12:10am on December 29 for a random breath test.
When the driver tested positive and was being placed into a police vehicle, Carlo, who had been a passenger, started protesting and obstructing police.
Sgt Gangemi said Carlo was urging the driver to get out of the police vehicle and run.
The struggle attracted the attention of local residents. A crowd of about 50 people gathered and started throwing rocks at the police vehicle, which was badly damaged.
At some stage during the incident, a set of police keys was removed from the police vehicle and handed to Carlo.
They have not been recovered.
Sgt Gangemi said police had faced significant expense in changing the locks and asked for $418.18 restitution.
He said Carlo had an “appalling” criminal history and the incident had occurred only seven days after he had completed a sentence of parole.
Solicitor Mark Oliver, for Carlo, said his client was drunk and had been trying to assist his cousin.
Carlo initially thought the keys that had been handed to him were the keys to his cousin’s car but when he realised they were too heavy, he dropped them in the street.
Mr Oliver said Carlo could not be blamed for the actions of others who had damaged the police vehicle.
However Magistrate Mark Bucknall said Carlo had created the situation, and what had happened was a direct consequence of his actions.
“It’s at the high end of obstruction and it brought about a situation, which to say the least, was unfortunate,” Mr Bucknall said.
“He can’t be held responsible for the actions of the 50 people but if he had butted out in the first place, nothing would have happened,” Mr Bucknall said.
However the magistrate said Carlo had shown a degree of remorse by agreeing to pay the restitution requested.
He said Carlo’s offending had also abated in recent years. The latest incident had arisen from “misguided loyalty” to his cousin.
Carlo was convicted on all offences and ordered to complete 120 hours community service and pay $418.18 restitution.
