April 29, 2015

Cherbourg Elders joined Magistrate Simon Young on one side of the bar table in a Murri Court-style hearing held in Murgon Magistrates Court today.

On the other side of the table were the accused Keith Joseph Bone, his solicitor and Police Prosecutor Sgt Wayne Bushell.

Bone, formerly from Rockhampton but now living in Murgon, pleaded guilty to five charges of causing a public nuisance and one count of breaching bail.

The charges related to a large disturbance which occurred in Cherbourg on Sunday, April 19, relating to an ongoing dispute involving people from Woorabinda and Cherbourg residents.

A video of the incident – which police allege ended up involving 300-400 people and multiple fights – was shown in the courtroom.

The court was told it took police three hours to break up the crowd.

Sgt Bushell said Bone probably received more injuries than anyone else involved.

“He was kicked in the face at one time,” Sgt Bushell said.

Bone was taken to Cherbourg Hospital and later flown to Toowoomba Hospital for treatment of head injuries.

However, Sgt Bushell said Bone had set a very poor example for children in  the Cherbourg community with his behaviour and the video showed many young children watching the incident and others taking photos.

Solicitor Andrew Gillard, for Bone, said his client had been living in Rockhampton when the dispute began on New Year’s Day.  He had moved to Murgon to try to get away from the trouble.

However, four days before the April 19 incident, Bone’s car had been smashed up.

“He was very upset … that is why he lashed out,” Mr Gillard said.

Mr Gillard also pointed out that there had been hundreds of people involved, but Bone was one of the very few that had actually been charged in connection with the incident.

“His involvement, while quite serious, was short-lived,” Mr Gillard said.

Magistrate Young asked each of the Elders to speak to Bone, which they did – pointing out that it was lucky no children had been hurt, that he had not been a good role model, that he could have been killed or could have killed someone else, and “what you do reflects on your father and your mother”.

“While I greatly appreciate the input of the Elders, the decision is mine alone,” Mr Young said.

He told Bone there were people who wanted him jailed for years.

He asked for a public commitment from Bone to his Elders, his family and the community to “put away his anger” and look after his young family (Bone has two young children and his partner is pregnant).

“You have to change,” Magistrate Young said.

“In your actions, you have put violence ahead of your unborn child.”

Mr Young told Bone he had also put shame on the Cherbourg community – “a community you don’t even live in” – and had caused consequences that could take years to overcome.

“You owe a debt to your community,” he said.

“If you give an excuse for racist people to hold onto their wrong beliefs it will be hard to achieve the change we need.”

On the breach of bail charge, Bone was sentenced to six months jail.

On one of the public nuisance charges, he was ordered to serve five months jail – these sentences to be cumulative, ie 11 months.

The seven days he had been held in custody would be counted as “time served”.

However, Magistrate Young then released Bone on immediate parole with the condition that he not enter Cherbourg during the parole period except with the prior permission of the Officer-in-Charge of Murgon Police.

On the remaining four public nuisance charges, Bone was sentenced to one months’ jail on each, to be served concurrently.

Convictions were recorded.

Mr Young said it was important to recognise the Cherbourg Elders believed the police had done a good job in difficult circumstances.

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