NSW man escapes QLD assault charge for 15 years
HIS first mistake was coming back to Queensland. His second mistake was trying to board a train drunk.
It was when Queensland Police arrested Dallas John Kennedy for public nuisance after a disturbance at the Rockhampton train station that checks revealed he was wanted on a warrant for an assault that took place 15 years ago.
Kennedy, 36, appeared in the Rockhampton Magistrates Court on July 17 in custody.
He pleaded guilty to six charges - two dating back to March and May 2002.
The court heard Kennedy was arrested on July 15 at 2.30am after trying to board a train back to New South Wales, heavily intoxicated.
His lawyer, Mark Platt, said Kennedy had returned to Rockhampton for his niece's 18th birthday celebrations and was attempting to return to Wagga Wagga when he tried to board the train.
Police prosecutor Senior Constable Josh McLelland said railway staff refused to allow Kennedy to board the train and he 'shaped up into a fighting stance'. He was charged with public nuisance for this offence.
Kennedy was arrested and taken to the Rockhampton Watchhouse where a search of his backpack revealed a pipe, clip seal bags containing cannabis seeds and two joints weighing .27 grams. He was charged with possession of the pipe and possession of a dangerous drug - cannabis.
Checks revealed Kennedy was wanted on a warrant for an assault charge from 2002.
Snr Const McLelland said the assault victim was a Queensland Rail rail guard.
He said Kennedy had travelled by train to Thorneside at 7.40pm on March 13, 2002 and was told to leave the station by a ticket inspector.
The court heard Kennedy was halfway up an exit ramp when he spat at the rail guard inside an office with the saliva landing on the man's upper right leg and the window of the building. It was caught on CCTV.
Snr Const McLelland when police located him on March 22, Kennedy gave a false first name. He was charge for contravening a police direction for this.
His fifth charge was for failing to appear in the Wynnum Magistrates Court on May 20 for the assault and contravene police direction charges.
Magistrate Catherine Benson ordered Kennedy to a three-month prison term for the July offences, wholly suspended, and fined him a total of $1550 for the 2002 offences with convictions recorded.