IN COURT: Gavin John Berry faced Dalby Magistrates Court on two charges. Picture: File
IN COURT: Gavin John Berry faced Dalby Magistrates Court on two charges. Picture: File

Dalby man given $1000 fine for being punched in the face

A MAN who was punched in the face outside Dalby Magistrates Court after joining an argument which had “nothing to do with him” has been given a $1,000 fine for his troubles.

The constant interruptions of Gavin John Berry on October 6 were heard in court, where he was charged with committing a public nuisance and taking photographs inside a courtroom during proceedings.

His first charge of court interference began on Cunningham St, when police were called to a disturbance outside the courthouse.

The court heard that an argument erupted between Berry, a woman, and a man completing his bail paperwork on the footpath outside.

Police prosecutor senior constable Jodie Tahana said Berry and the woman began yelling and swearing at this person “in raised voices” in full view of those attending court.

“During the verbal argument the male person punched the defendant in the face,” she said.

“Police spoke to the defendant who confirmed there had been a verbal argument where he was assaulted … there were no nil injuries received by the defendant, and there was no assault complaint.”

The court heard he was then arrested and taken to the watch house, where he declined to be interviewed and was released on bail.

The two other people involved received infringement notices.

Dalby Magistrates Court. Picture: File
Dalby Magistrates Court. Picture: File

The court heard of Berry’s second charge where he was caught taking photos during an open court session.

Senior constable Tahana said Berry’s phone rang which interrupted proceedings, prompting her to confiscate it on the spot.

Police obtained a search warrant later that day and found two photos which had been taken inside the courtroom.

Berry denied an interview with police, and was given a notice to appear.

Representing himself, Berry said he wasn’t aware that he couldn’t record inside the courtroom.

He went onto say he was the one getting abused, and was punched in the face.

Senior constable Tahana clarified the situation, stating Berry was originally sitting in the back of the courtroom, where he was antagonising another person by “blowing kisses at them”, and “generally being a nuisance”.

“That disrupted the court proceedings and he went outside, where he then became involved in an argument with a totally different person which had nothing to do with him.

“For his troubles he copped a punch in the face.”

Senior constable Tahana said it interrupted proceedings further, forcing her to go outside to “sort out” the incident on the footpath.

She told the court after all of that, Berry came back inside later on where his phone rang, and was then caught taking a photo.

Magistrate Tracy Mossop said she had to send a strong message to him that when he came to court, he had to “behave with respect and decorum”.

Berry pleaded guilty and was given one $1000 fine for both offences.

Convictions were recorded.


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