IF Orange City Council had approved a toilet block for Robertson Park then Samuel Jordan Sweeting would not have found himself in Orange Local Court according to his solicitor Mick Madden.
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Sweeting appeared before the magistrate, Terry Lucas, on Monday, charged with assault for headbutting a security guard at the Lords Place taxi rank.
Mr Madden said the offence happened in the “wee hours” of the morning after his client had left a hotel and could not find a toilet.
At about 12.40am on December 6, the 19-year-old attempted “to relieve himself” on a tree near the cab rank and was asked by security to move further into the park to complete his business.
But Mr Madden said another member of security was unaware the direction had been given to his client and the security guard confronted him.
A “scuffle” ensued and Sweeting headbutted the security guard, but Mr Madden said his client suffered some injury also.
Mr Madden said if his client had somewhere safe to relieve himself then the assault would not have occurred.
“Council have debated this time and again,” he said.
“There’s too many of these types of offences coming before the court ... until something is done to rectify the situation, there’s no way of taking a wee in a safe place.”
Mr Madden said his client was a dedicated football player who had promised his club that this type of offence would not occur again.
Mr Madden asked Mr Lucas to consider letting his client off without a conviction but Mr Lucas did not agree.
He fined the Sampson Street resident $1500.
“Mr Madden may have saved you from going to jail, the court and the community take this type of offence seriously,” he said.