Banned clubber kicks off thongs, flees cops, dives in river
WHEN police busted a banned reveller out and about in Mackay Safe Night Precinct, they probably thought a fairly routine encounter would follow.
Instead, officers watched on as Blake 'Harry' Earl Wyborn kicked off his thongs, bolted and dove headlong into the Pioneer River, in a desperate but ultimately futile means of escape.
That bizarre incident and a drink driving charge saw the 23-year-old mining worker fronting Mackay Magistrates Court on Wednesday.
Wyborn pleaded guilty to contravening a police banning notice (relating to hitting a man in the face earlier this year) on September 1 in Mackay and drink driving (blew .069) on August 18 in Dysart.
Prosecutor Shelby Larcombe provided the agreed facts of the case, noting police spotted Wyborn in Victoria Street and approached him.
"The defendant has walked away in the opposite direction and police have followed ... around the corner when they have observed the male kick off his thongs and sprint towards River Street." she said.
"The defendant subsequently jumped in the river and police have lost sight ... Police have taken up with a female staff member at a nightclub and she has stated that she knew the male to be Harry Wyborn (the defendant)."
In relation to the drink driving, Ms Larcombe said Wyborn was caught in an RBT, smelling of booze and slurring after drinking a number of beers.
Defence solicitor Peter Clark, of Strutynski Law told the court Wyborn had been "embarrassed" about his ban and fled in hopes of keeping it a secret from his dad, who'd been visiting for Father's Day.
The lawyer described his client as a hard-working shotfirer and partnered dad, who suffered ADHD, and had "unresolved grief and depression" over the death of a family member.
Further, Mr Clark said Wyborn had long-standing "problems with alcohol" which he'd been seeking help to address.
It was also requested Magistrate Scott Luxton show "compassion" regarding licence disqualification, considering Wyborn's need to drive for work.
Summing up, Mr Luxton warned Wyborn he risked destroying the "many positives" in his life if he continued drinking and didn't get help.
"Your response (on September 1) was somewhat concerning ... Instead of manning up and admitting the mistake you took flight," he said.
"When I look at your history there's one theme to the vast majority of the offences ... that is alcohol. In life there are just some people who shouldn't even look at alcohol, let alone consume it. You're fast reaching that point."
Mr Luxton considered the drink driving charge "out of character", though noted Wyborn's patchy traffic history.
Taking into account a timely plea, the magistrate fined Wyborn $1500 in total and disqualified him from driving for a month.