Magistrate says ‘grow up’ as Gympie men fight over iPad
A 56-YEAR-OLD Gympie man slapped his partner’s ex across the face after an argument started when he was retrieving his girlfriend’s iPad.
Trevor Philip Smith pleaded guilty to assault when he faced Gympie Magistrates Court on Monday.
Police prosecutor Melissa Campbell said the incident occurred on November 20, when Smith accompanied his partner to pick up her iPad from her ex.
“The defendant approached the victim … attempted to grab the iPad from the victim to give to the witness, the victim retained control of the iPad and passed it to the witness,” Sergeant Campbell said.
Smith then told the victim he would be talking to him later, to which the victim replied, “I won’t be talking to you.”
Sgt Campbell said the victim started to walk away and the defendant said in an aggressive manner that they would talk when his partner wasn’t present.
“[Smith] hit the victim to the left side of his head near the temple, the victim stated he felt pain and felt dizzy and startled, however did not sustain any injury,” she said.
“A number of witnesses observed the incident, came over and started intervening straight away.”
Solicitor Nightingale said Smith had been in a de facto relationship with the woman for nearly two years.
“Since he’s been in a relationship with his partner, there’s been some hostilities between the complainant and my client,” Ms Nightingale said.
“There apparently has been a lot of harassment between the complainant and his partner and basically he instructs that [the witness] has never accepted the relationship was over and that his partner constantly received emails, phone calls and text messages.”
Ms Nightingale said Smith had encouraged his partner to seek assistance from police in the past, but due to English being her second language, she was reluctant.
“On this particular day he says that he was just completely frustrated … he understands that he should have dealt with the matter differently,“ she said.
“He says that a conviction may affect his partner’s attempts to become a permanent resident here.”
Magistrate Chris Callaghan said Smith’s partner should deal with her ex as best she can and make an application for protection if she needs it.
“Otherwise you shouldn't have anything to do with it,” Mr Callaghan said to Smith.
“For goodness sake, you‘re 56 years-of-age, that’s crying out for someone to say to you – grow up.”
Smith was fined $400, with no conviction recorded.