‘Can’t even defend myself’: Dad dirty over baton charge
A DAD charged with keeping a baton in his car argued that he should have the right to defend himself and his children if attacked.
Bruce Malcolm said people “could do more damage with a spoon” than the baton the was the subject of the charge heard at Ipswich Magistrates Court on Wednesday.
Prosecutor Sergeant Paul Caldwell said Malcolm told police officers the extendible baton was, “to protect me from Sudanese who try to steal my car”.
Bruce James Malcolm, 41, a landscaper from Dinmore, pleaded guilty to being in possession of a restricted item at Bundamba on February 20.
Malcolm had been parked in his car that morning with his daughter when police stopped and spoke to him, before noticing the baton.
Sgt Caldwell said he would tend Malcolm’s criminal history.
“What’s my history got to do with it. I’ve done nothing like this before, just traffic and drugs,” Malcolm said.
“At the end of the day everyone has got the right to defend themselves whether in their house or car.
“In my eyes I’ve done nothing wrong.”
Magistrate David Shepherd said that under state legislation he was prohibited under the weapons act from having an extendible baton.
“You could do more damage with a spoon,” Malcolm said.
“If people take something, are you supposed to lay there and cop it and wait for the police.”
Mr Shepherd said the law states you are not allowed to possess the particular item found in Malcolm’s car.
“So what am I supposed to do if people are coming at you with knives. Get chopped up?” Malcolm said.
“I had a daughter aged 11 with me.
“If police can defend themselves with these batons what am I supposed to do?
“So a normal civilian, so we got to cop it sweet.”
Mr Shepherd said it was not a reasonable excuse to justify possession of a weapon.
“So what am I to do if people come at me or try to steal my car,” Malcolm said.
When told by Mr Shepherd that he should contact the police, Malcolm said he had already done that a few times.
“Police say too much paperwork,” he said.
Malcolm was convicted and fined $300.
Speaking outside the Ipswich Courthouse, Mr Malcolm said he was parked outside a friend’s house at the time when a police car pulled up at 8.30am.
Mr Malcolm said people had tried to steal his car previously and again said people had a right to defend themselves.
“It’s pathetic that you can’t defend yourself,” he said.