A MAN was removed from the courthouse after a magistrate deemed his behaviour to be “bordering contemptuous”.
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Andrew-Bruce Davenport was acting as the agent for James Faulkner, who had been charged for swearing in public and not moving on when directed.
Mr Davenport, who believed people should be referred to by their first names, approached the bar, telling Magistrate Shaughan McCosker he was acting as agent for Faulkner.
When the magistrate asked for Faulkner to be brought into the court, Mr Davenport replied, “Mr Faulkner is a corporation; James is a person”.
The magistrate refused to let Mr Davenport approach the bar table, as he was not a solicitor.
Mr Davenport argued he didn’t need to be a solicitor and wanted the case to be heard under the federal law.
When Magistrate McCosker told Mr Davenport to sit down, he replied: “Don’t tell me what to do”.
Mr Davenport then explained to the court authority could only be given by consent, and he wasn’t giving his.
Magistrate McCosker had the sheriff remove Mr Davenport from the courthouse, with the latter protesting about being touched as he was guided out.
“Do not assault me,” Mr Davenport told the sheriff as he lightly pushed him towards the door and escorted him from the building.
As he was leaving, he told Faulkner not to accept anything.
Magistrate McCosker told the defendant he could adjourn the matter so he could seek legal advice, which Faulkner refused, saying his representative was just removed.
“The removed person … his behaviour was inappropriate and bordering contemptuous,” the magistrate said.
“I would like the matter withdrawn,” Faulkner said.
When the magistrate told him it wasn’t going to be withdrawn, Faulkner alleged police had assaulted and vilified him.
He pleaded not guilty to using offensive language in a public place and continuing intoxicated behaviour after a move on direction.
Faulkner said November 18 was not a suitable hearing date for him, telling the magistrate: “I have somewhere I’ve got to be mate.”
“I am not your mate; I am the magistrate,” Magistrate McCosker replied.
The hearing was set down for December 2.