Grandad: Australian laws don’t apply to indigenous people
THE grandfather of a defendant was ejected from the courtroom after claiming the law didn't apply to his grandson because they were indigenous and not recognised within the constitution.
The man interrupted the court proceeding of his grandson, who cannot be named for legal reasons, when he faced Townsville Magistrate Court via video link yesterday.
Holding a printed copy of the constitution, the grandfather approached and remained at the bar table when Magistrate Richard Lehmann entered the room.
"Sir … step away from the bar table please … step away from the bar table," Magistrate Lehmann said.
Waving the document in his hand, the grandfather refused to step away.
"We are not part of the Australian constitution," he said.
Mr Lehmann warned him further, before calling for security to remove the man.
Backing down, the man addressed the gallery before exiting the courtroom.
"I've made my presence clear," he said.
His grandson pleaded guilty to four charges including one count of receiving tainted property and contravention of a domestic violence order.
Police prosecutor Darren Casson described the man's offending towards his then partner as a "drunken tirade".
He ended up outside of the woman's home threatening to pour petrol on and bomb her home.
"It would have been fairly scary for the aggrieved at 1 o'clock in the morning," Mr Casson said. The court heard the terrified woman locked herself in the bathroom before calling police.
Mr Casson said on September 18, 2018 the man received a stolen iPhone 8, as well as watches, speakers and keys from a victim.
Defence lawyer Tracy Brown said the 20-year-old was intoxicated when threatening his former partner.
The court heard the man mixed with the "wrong crowd" and started to drink heavily after he moved to Townsville from Palm Island.
"He made decisions which he was not proud of and resulted in things like criminal history slowly increasing," Ms Brown said.
Mr Lehmann said he took into account the 158 days spent in pre-sentence custody.
The man was sentenced to nine, three and five months imprisonment to be served concurrently.
The domestic violence order was also extended for another five years until 2024.
The parole eligibility date was set for February 25.
Convictions were recorded.