PUNCHING a police officer repeatedly in the face while he lay on the ground has put New Zealand man James Matthew Hape at risk of serving jail time in Australia.
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Hape’s case was adjourned in the Mount Isa Magistrates Court yesterday after Magistrate Rod Madsen made it clear the defendant faced a term of imprisonment for what he called a “vicious and cowardly attack” on two police officers earlier this month.
Hape pleaded guilty to three counts of assaulting or obstructing a police officer, an assault which only ended when two local officers raised their Tasers to calm him down.
Police Prosecutor Sergeant Jakki Poustie said two police officers were on Sunset Drive assisting the Queensland Ambulance Service provide medical treatment to Hape’s wife at 2am on July 1.
Hape’s wife collapsed on the side of the road after walking home from a barbecue the pair attended at Hape’s sister-in-law’s home earlier that afternoon.
Sgt Poustie said Hape obstructed paramedics while they treated his wife by laying on top of her and tried to grab her by the arm twice and lift her off the road. Hape allegedly swore at the officers and propositioned one to fight with him before he was arrested to protect the safety of the officers and bystanders.
While he was being handcuffed Hape broke free, knocking the female officer on the ground with his left hand.
Before the second officer could control him, Hape punched him in the face, lifted him up by his protective vest and shoved him onto the ground and landed three more punches to the officer’s face as he stood over him.
Hape’s solicitor Warren Hunter said his client had consumed a considerable amount of alcohol at the barbecue and sent his nephew to follow his wife home to make sure she arrived safely.
He said Hape’s wife, who was in court to support her husband yesterday, was “violently ill” that evening and had since been diagnosed with thyroid cancer.
Mr Hunter also reiterated her illness that evening was not a result of domestic violence and said the pair hadn’t consumed any alcohol since the incident.
“In hindsight, if he [Hape] had stayed away there would be no charges brought at all and it wouldn’t be a problem but he did and he is extremely remorseful for his actions,” Mr Hunter said.
Despite this, Magistrate Madsen was still vocal in his disbelief about the seriousness of the offences committed by someone with such a limited history for violence.
“It’s a diabolical series of events and I’m considering a term of imprisonment for the offence where he punched the officer in the face while he was on the ground,” Magistrate Madsen said.
“Imprisonment is no longer an issue of last resort.”
Hape’s wife broke down in the public gallery while the magistrate made his deliberations and adjourned her husband’s sentence to August 18 in order to find out more about the injuries sustained by the male police officer.