A LATIN dancer who hit the town on New Year’s Eve ended the night in the lock-up after scratching a female police officer.
Truck driver Dean William Fitzsimmons had no criminal record before he clashed with security guards and police.
The night devolved soon after the 52-year-old was asked to leave Movidas nightclub in Mackay city centre about 3am on January 1.
Fitzsimmons pleaded guilty to four charges in Mackay Magistrates Court on Tuesday – assaulting police, obstructing police, public nuisance and failing to leave licensed premises.
The court case, in which no convictions were ultimately recorded, wasn’t the only consequence of Fitzsimmons’ actions – he suffered a shoulder injury in the resulting struggle.
Prosecutor Bernhard Berger said an intoxicated Fitzsimmons “became aggressive”. when he had been refused service at the bar and asked to leave.
A security guard used “closed hand tactics” to escort Fitzsimmons from the club while he struggled to escape.
When police arrived and placed Fitzsimmons under arrest in the club’s foyer, the situation continued to escalate, Mr Berger told the court.
“The defendant was placed in handcuffs and police attempted to escort the defendant to a police vehicle outside,” he said.
“Whilst walking the defendant has tensed up and tried to move away from police and security. Police advised the defendant that he was obstructing police and to comply with further instructions.
“The defendant continued to resist and was taken to the ground. Police continued to issue instructions… such as ‘keep still’ and ‘move your hands’.
“Due to the defendant not complying… police had to transfer the handcuffs from the front to the rear.”
A female officer attempted to move Fitzsimmon’s arm when he “grabbed hold of the senior constable’s left hand and scratched his nails down the hand”.
The officer was left with a bloody hand, and Fitzsimmons was eventually wrangled to the watch-house.
Defence solicitor Antoinette Morton tendered character references in support of Fitzsimmons and said the father of five felt “embarrassed and remorseful”.
Ms Morton said Fitzsimmons, a carer of an elderly family member, was at Movidas with his wife to enjoy a dance on what had been a rare night out.
She said Fitzsimmons was grabbed on the shoulder by a bouncer and had unfortunately “reacted in a negative manner”.
Magistrate Damien Dwyer noted it was “very rare” to have someone of Fitzsimmons’ age, with no history, facing alcohol-related nuisance and other charges.
He described the incident as an “aberration” of Fitzsimmons’ otherwise good character.
Magistrate Damien Dwyer fined Fitzsimmons $600.
No conviction was recorded.
This content was originally published here.
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