Beau John Breadsell, 22, will face Mackay Magistrates Court again this week after his case was adjourned.
Beau John Breadsell, 22, will face Mackay Magistrates Court again this week after his case was adjourned. Facebook

Police cop an earful during man's return to court

POLICE prosecutors have copped an earful from a magistrate who declared statements used in a case were "false".

It was a twist in the sentencing of apprentice butcher Beau John Breadsell, who has pleaded guilty to public nuisance, despite contentious facts.

When the Marian man's sentence was before Mackay Magistrates Court court on June 19, prosecutor Sergeant John Moran said Breadsell had punched a man out of the blue during an argument in Mackay city centre on March 21, about 1.40am.

The punch was described by the prosecutor, working from a police brief, as a "king-hit" which was "without warning".

But Breadsell's solicitor, David Strutynski, of Strutynski Law, argued the 22-year-old's actions came after he was slapped in the face.

On June 19, Magistrate Damien Dwyer adjourned the case for the prosecution and defence to "come to an agreement" on facts.

However, Senior Constable Duncan Erskine said on Wednesday that he had no notes on file or indication conferencing should have occurred.

New CCTV footage was tendered to the court by Mr Strutynski during the hearing on Wednesday. He said conferencing had occurred.

The footage, focused near Cartel Nightclub and the NightOwl in the city centre, appeared to show a brawl involving multiple individuals, including Breadsell and his apparent victim, rather than a random, single blow.

Mr Dwyer also told the court "blind Freddy can see" Breadsell did not flee after the incident, as had been stated in the agreed facts.

"It's more disturbing to me that somebody has put a report to come to the court that is false.

After several minutes of back-and-forth in the court about exactly what the footage contained, Mr Dwyer adjourned until July 19 for a contested hearing.

Breadsell, who's bail was extended, has also pleaded guilty to driving while over the middle range alcohol limit. He blew 0.124% in a breath test in Andergrove on April 20, more than two and half times the legal limit.

UPDATE: Breadsell was sentenced to probation for a year and his licence was disqualified for six months when his case returned to court. 

He was also fined $500 and banned from Mackay region licenced venues until January 17, 2018.