A man found lying on road in Airlie Beach was capsicum sprayed by police.
A man found lying on road in Airlie Beach was capsicum sprayed by police. Trevor Veale

Man found lying on road

A MAN who was capsicum sprayed by police after he resisted arrest when police found him lying on a road, has been fined $1300.

Daniel Vasu Bryce Cole, 21, pleaded guilty in Proserpine Magistrates Court on Monday to committing a public nuisance offence and obstructing a police officer.

Prosecutor Robert Beamish told the court a police patrol in the Airlie Beach Safe Night Precinct found Cole laying on the road in Waterson Way at 1.45am on December 2.

When police told him to get off the road he threw his wallet at them, before taking his shirt off, clenching his fists and moving towards police, Mr Beamish said.

The court was told Cole continued to pull away from police as they tried to arrest him and was capsicum sprayed.

Cole's solicitor Rosemary Varley said her client had been at a pub with his girlfriend earlier and had gone outside to get some air after he was hit by a person who was arguing with another person in a smoking area.

When asked by magistrate Ron Muirhead why he was laying on the road, Ms Varley said her client "couldn't recall” the reason.

Cole was fined $800 for obstructing police and $500 for the public nuisance charge. No convictions were recorded for either charge.


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