THE Mount Isa City Council will bring the sentence of an alleged rioter to the Attorney-General’s attention.
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But some councillors were apprehensive about interfering with the justice system.
Dakota Kelsy Jane Major, 19, received 50 hours’ community service and 12 months’ probation for six offences including assaulting police during a riot involving 300 people in Pioneer. Major’s defence stated she was not part of the riot in Gardner Street at 4.30am on Saturday, March 28, but was in the area with friends.
Magistrate Stephen Guttridge said when giving the sentence in the Mount Isa Magistrates Court on Monday that it reflected several days Major spent in custody.
Mayor Tony McGrady said Attorney-General Yvette D’Arth should look at the transcript.
It would be left to her judgment to see if the sentence should be appealed and brought before a higher court.
Cr George Fortune voted against the motion but gave no reason.
Cr McCulloch said she understood Cr McGrady’s concern but also acknowledged separation of powers between local government and the judicial system.
“Where do we stand as councillors ... do we have a right?” she asked.
Cr McCulloch said she read the mayor’s intentions in Wednesday’s North West Star but would have preferred more notice.
She could research the matter properly before making an informed decision.
Cr Kim Coghlan asked for more detail about the motion – which is that the council would not specifically seek an appeal. It was left to the judgment of the Attorney-General.
“I don’t think this is a bad thing for the Mount Isa community,” she said.
Cr McGrady said the former attorney-general Jarrod Bleijie frequently appealed sentences he thought were light or harsh.
“The previous magistrate (Rod) Madsen had a large number of his sentences appealed – a large number,” Cr McGrady said.