A man was capsicum sprayed by police after kicking out at police.
A man was capsicum sprayed by police after kicking out at police. Trevor Veale

Capsicum sprayed after kicking out at police

A MAN, who had to be capsicum sprayed by police as they were concerned he was going to kick them in the back of a police van, has been fined $1300.

Jake Michael Coyne, 25, of Proserpine, pleaded guilty in Proserpine Magistrates Court late January to committing a public nuisance, obstructing a police officer and contravening a direction by police.

Prosecutor Robert Beamish told the court police were called to look for a Nissan Pathfinder which had been driving erratically in Proserpine on December 16.

The court heard when they found it parked in Taylor St at 1.30am, it had false number plates on it, so police took the plates.

Mr Beamish said a short time later, police had pulled a car over nearby for a random breath test, when Coyne stormed up to police, swearing, yelling and asking where the "stuff” off his car was.

When Coyne was arrested and put in the back of the police van he lay on his back and kicked at the door with his legs, Mr Beamish said.

The court heard police were concerned he was going to kick open the door while they were driving, so stopped.

When they opened the back door, Coyne continued to kick out at them and they had to OC spray him because they were concerned he was going to kick them, Mr Beamish said.

Later, when police tried to put him back in the van he pinched the officers' hands and pulled against them, Mr Beamish said.

Coyne then violently headbutted the wall of the van, opening cuts, before he smeared his blood on the vehicle, Mr Beamish said.

Coyne told police at the station he had taken methamphetamines.

The court heard he also told police he was not yelling at them, but at the driver of the car they had pulled over as he believed they had taken the wheel nuts off the car.

Mr Beamish also told the court Coyne did not go to the police station to have his identifying particulars taken within seven days of being asked to on a different matter.

Coyne's solicitor Rosemary Varley reiterated that her client was yelling at the man driving the car police had stopped.

Coyne was fined $750 for obstructing police, $400 on the public nuisance charge, and $150 for not giving his identifying particulars.

No conviction was recorded by the court on any of the charges.