BEING bare-chested, drunk and itching for a fight has led to Robert Norman Herbert to be banned from the Anakie Hotel for two years.
Emerald Magistrate’s Court heard on Monday how Herbert, after attending a wedding and consuming a “quantity of alcohol”, entered the public bar of the hotel around 11.30pm on December 3, and subsequently removed his shirt.
The 29-year-old pleaded guilty to one count each of common assault, being drunk and disorderly in a licensed premises, and failure to leave licensed premises.
Police prosecutor Sergeant Kevin Ongheen told the court the underground plant operator walked the length of the bar and approached the hotel manager where he grabbed her by the neck and forced her face into the bar.
Despite being ordered to leave the bar immediately as he was not welcome, Herbert refused and continued to verbally taunt staff.
Sgt Ongheen told the court Herbert threatened to bash other patrons at the pub, at which time police were called to the incident.
Upon arriving, police witnessed him try to punch the hotel manager’s husband who, in retaliation, punched Herbert in the chest.
Herbert then fell to the ground.
Herbert was arrested and transported to the Emerald police station.
The Anakie Hotel sought a banning order be made, prohibiting Herbert from entering or coming within 20 metres of the hotel as well as the two bottle shops on Richardson and Sapphire Sts.
Herbert’s previous criminal history was tendered to the court before defence solicitor Roland Pianta said his client was “deeply embarrassed” by the events.
“He is usually a social drinker, and he did suffer some discomfort after the event,” Mr Pianta said.
He said Herbert had returned to the Gemfields to look after his sick father, and he was in a defacto relationship with five children, for whom he was the sole economic provider.
Through Mr Pianta, Herbert agreed to the banning order application.
Acting Magistrate Andrew Cridland said Herbert’s actions were “certainly a cause for alarm”, and that his alcohol consumption on the day at the wedding was a problem.
“The banning order is with regard to your behaviour (at the pub),” he said.
“Looking at your history, over the last five to six years, there has been a marked improvement.”
Magistrate Cridland cautioned Herbert that if he appeared before a court again, he could face prison time.
Herbert was charged one penalty for all three offences and was fined $2000 with a recorded conviction.
The banning order application was approved which prohibits Herbert from entering, remaining or attempting to enter the Anakie Hotel and both bottleshops.
He is also restricted from coming within 20 metres of the venues between the hours of 9am and 2am, seven days a week. The ban will be lifted on March 20, 2013 unless it is amended or revoked by a court order.
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