The Proserpine Court House Photo Peter Carruthers / Whitsunday Times
The Proserpine Court House Photo Peter Carruthers / Whitsunday Times Peter Carruthers

Drug capsule 'not mine'

A JUBILEE Pocket man told his friends to "f*ck off” when they tried to pull him away from a verbal confrontation with police in the Airlie Beach Safe Night Precinct.

And matters got only worse from there. Kane Withyman, 28, was then arrested and found to be in possession of a drug capsule believed by police to contain methamphetamine.

Withyman first drew the attention of police at 1.15am on August 27 when he walked past patrolling officers and shouted: "Having a fat night are ya?” before walking a few steps down the street and turning around again to swear at them.

Prosecutor Sheena Hayes said police told Withyman his behaviour was unacceptable.

"He was aggressive, argumentative, restless and stretching his jaw,” she said.

"He was swearing loudly at police and friends and people passing by were shocked by his behaviour and were choosing to use the opposite pathway on the Main St to avoid the incident.”

Police arrested Withyman at 1.30am and a pat-down search later caused a single drug capsule to fall to the ground next to his left shoe, to which Withyman was quick to say: "That's not mine.”

Defence lawyer Elizabeth Smith said there was no indication Withyman was prone to violence.

"He was in town with his friends and was heavily intoxicated,” she said.

"He has a limited recollection of what he said, but it seemed to him that something happened earlier in the night that had annoyed him and he had a bad attitude which was exacerbated by his alcohol intake.

"With respect to the offence, he was running his mouth and there are no allegations of being violent.

"The public nuisance charge is out of character.”

Magistrate Ron Muirhead said Withyman could not expect to get off lightly if he returned to the court for similar offences.

"Any more misbehaviour of this type and there will be a conviction recorded and you will run the risk of imprisonment,” he said.

Withyman was placed on a four-month $900 good behaviour bond and fined $900.

He was ordered to complete a drug diversion program in October.