Police appeal decision on charge
THE Queensland Police Service is appealing a magistrate’s decision to dismiss a charge of obstructing police against a Central Queensland mayor.
In November, magistrate Tom Bradshaw dismissed the charge against Roderick Tobane, the mayor of the Woorabinda Aboriginal Council.
Police believe the magistrate erred in his decision, making an error in law by applying the element of intent to the charge.
It’s understood the charge relates to an incident on December 31, 2008, at Duaringa.
Last year Cr Tobane was found guilty on a separate charge of obstructing police relating to a different event at Woorabinda.
Then a police officer had been trying to arrest a woman who spat on him. The mayor stepped in and threatened violence.
Cr Tobane said he would fight Senior Constable Robert Harris if he did not leave the area and cease arresting the woman.
Shortly afterwards a group of about 20 angry residents gathered around the scene, causing four police officers to leave for their own safety.
With regards to this matter, Magistrate John McGrath ordered Cr Tobane be placed on a 12-month good behaviour bond when he sentenced him in July.
Cr Tobane had pleaded not guilty.
The police notice of appeal has been lodged with the District Court at Rockhampton.
Yesterday a spokeswoman for the Queensland Police Service was not in a position to comment because the matter was before the court. Meanwhile, Cr Tobane didn’t return The Morning Bulletin’s calls.
Cr Tobane was elected mayor of Woorabinda in 2008.