West Mackay man pulls nudge car from car, arms himself with it outside Magnums. Photo: File
West Mackay man pulls nudge car from car, arms himself with it outside Magnums. Photo: File

Man rips nudge bar from car, arms himself outside Magnums

A MAN tried to put a police officer in a choke hold then ripped a nudge bar from a car and armed himself with it in dramatic scenes outside Magnums.

Kelvin James Prosser was waiting to enter the Airlie Beach pub in July when a manager told him and the person he was with they were too drunk to enter.

But the West Mackay man believed he and his brother were turned away from the venue because of racial discrimination.

Police prosecutor Senior Constable Sarah Rowe told Proserpine Magistrates Court this week police were called to Magnums after Prosser would not move away when he was refused entry.

Prosser was given a move on direction but continued to argue with police, then took off his jumper and adopted a fighting stance.

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Sen-Constable Rowe said when Prosser was told he was under arrest, she claimed the people he was with started attacking police.

The court heard Prosser then raised his hands as if he was surrendering, but instead punched an officer in the head from behind and then grabbed them, trying to put them in a choke hold.

The officer was able to resist the hold.

Sen-Constable Rowe said Prosser then ripped a nudge bar from a car and held it up as a weapon, moving in a semicircle with the people he was with, waiting for the opportunity to attack police.

The court heard a second police vehicle turned up with lights and sirens, so Prosser dropped the bar and ran away.

As police were removing the people Prosser was with, he ran to the foreshore and back.

He was eventually arrested.

The 35-year-old man pleaded guilty to four charges, including assaulting police and going armed to cause fear.

Lawyer Chris Colwill appeared for Prosser, saying two other people were also charged after the incident and it was unclear which person caused which injuries to police.

Magnums in Airlie Beach.
Magnums in Airlie Beach.

Mr Colwill said Prosser and his brother stood outside the venue for about 40 minutes and even when people started to leave, they were told they were not allowed in due to COVID restrictions.

Mr Prosser’s brother was charged with obstructing police after the incident and was ordered to complete 50 hours’ community service with no conviction recorded.

Magistrate James Morton asked Prosser why he thought he was being discriminated against.

“When we were sitting there waiting about 10 people came out and I asked if we could go in,” Prosser said.

“People behind us were being let in who were a different colour.

“They asked us to step aside and they started letting other people in.”

Mr Morton told Prosser he jumped to that conclusion and could have been wrong, but he was lucky no one was injured with the nudge bar he was using as a weapon.

“The police have turned up and you’ve taken it to the next level,” Mr Morton said.

“All of this could have been bypassed.

“Police get paid little money to deal with people like you in the streets.”

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Prosser was fined $900 and ordered to complete 80 hours’ community service.

He was also banned from the Safe Night Precinct until September next year and ordered to pay $608.97 restitution for damage to the car.

No convictions were recorded.

“Have a think about what they (in the line) would have been thinking,” Mr Morton said.

“Have a look at this black guy, he’s drunk and he’s making a fool of himself.

“That creates racial tension.

“It would have been better to have gotten your wife out and walked away and said, ‘up yours, Magnums’.”

Mr Prosser’s wife was also charged with one count each of seriously assaulting police and obstructing police after the incident but she has not yet fronted court.


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