AN explosive emotional outburst in Dubbo Local Court could be reported to WorkCover due to concerns about the safety of court staff working without the assistance of a sheriff.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Magistrate Andrew Eckhold called for a transcript of court proceedings when a defendant handcuffed in the dock and a man seated in the public gallery started to yell and swear.
A pregnant woman giving evidence via video link from a remote witness room cried as the uproar brought the court proceedings to a halt.
The mother of the defendant's five children was providing evidence about a serious assault when her daughter and brother-in-law walked into the court room.
The young girl smiled and spoke to her father who called out "Love you babe".
Magistrate Eckhold said he knew the girl wanted to see her father (who was being held on remand at Wellington Correctional Centre).
"But this is not appropriate," the magistrate said.
"You need to stop talking."
The man in the dock continued to speak to his brother and daughter and asked where the rest of his children were.
"Look after my babies," he called out.
The victim of the assault started to cry as her partner and brother-in-law swore and yelled at the magistrate.
"I haven't seen my brother - what do you expect?" the man in the public gallery said.
"They don't give a f--k what happened," the defendant said.
"They might have a stripe on their shirt but they don't put presents under the Christmas tree."
The victim continued to sob and wipe her face.
The man in the dock called out "Don't cry. I love you girl."
Magistrate Eckhold warned the defendant not to talk to the complainant.
"I will have you charged with contempt if you speak to her again," the magistrate said.
"I am going to order a transcript of what has occurred today. I am concerned about court security and the safety of court staff.
"It may be that I need to make some complaint to WorkCover about the absence of a sheriff in the court."
Order was restored when the man and girl left the court room.
The 31-year-old victim told of knowing the defendant all her life.
They had been together for 16 years, she said.
The court heard the woman was three months pregnant with their sixth child when an argument erupted at a house in O'Donnell Street, West Dubbo.
The man had been drinking VB with a neighbour when the woman asked him to come home to move a mattress into the lounge room for the children.
"I couldn't lift it by myself," the woman said.
"He walked in and saw the screen of his phone was broken. He started swearing and going on about it.
"He was charged up ... and looking wild with his hands on his hips and his chest sticking out. You know how they get."
The court heard the woman walked away from the man as he continued to swear and yell.
He followed her into their eldest daughter's bedroom.
The woman was punched in the mouth.
"There was a cut above my lip and blood down the front on my shirt," she said.
"I fell against the door and then onto the floor. He was leaning over the top of me like he was going to hit me again. I kept kicking back."
The court heard children outside the bedroom window started calling out.
The man jumped out the window and chased the children.
"They were s--t scared and ran," the woman said.
"I went across the road to the neighbour to ring the police."
The defendant called out "b------t" as the prosecutor presented a summary of police evidence.
He was shushed by a solicitor from the Aboriginal Legal Service.
Magistrate Eckhold found an offence of assault occasioning actual bodily harm proven beyond reasonable doubt. An additional charge of malicious damage was dismissed.
The Aboriginal Legal Service asked the court to order a full pre-sentence report.
"A report may assist in a finding of special circumstances," the solicitor said.
There was no application for bail.
The man will be sentenced on October 15.