Neighbours call the cops over rowdy eighth birthday
AN Ipswich dad says he was only chopping up sausages with a knife and not doing anything illegal when police unexpectedly dropped by his home and found him in the kitchen with a knife.
He was preparing for his son's celebratory birthday dinner.
Ipswich Magistrates Court heard the four police had apparently been called by neighbours who heard noise coming from the Brassall home and feared something was wrong.
"I was cutting up sausages, it was my son's eighth birthday and I baked him a cake," David Hall said through his lawyer Trevor Hoskin.
"The noise was celebratory."
David Charles Patrick Hall, 42, from Brassall appeared before Magistrate Andy Cridland on charges alleging he assaulted a police officer on June 23; and obstructed a police officer on June 24.
At the start of proceedings Hall pleaded guilty to both offences but then there was a legal back-flip to his plea on the second offence.
Prosecutor Sergeant Matt Donnelly said police were first called to the home at 8.40pm on June 23 about a disturbance.
A woman inside was seen to hide a pipe and Hall had been agitated and seemed intoxicated.
Sgt Donnelly said Hall became belligerent toward the officers, was animated and swearing loudly.
He raised his hand toward an officer and when told "Don't", Hall said "I will do more than that mate" and raised his arm again.
Sgt Donnelly said Hall was grabbed and put in the police car, telling police that when he was released "he would find the officers and kill them".
The next day at 6.30pm, police were called to the same house by a 000 call, the caller saying there was a loud disturbance and kids screaming. Sgt Donnelly said police heard aggressive yelling and entered the house through an open garage.
A male in a hallway directed police to the kitchen and they saw Hall with a 15cm knife in his right hand.
Hall was told to drop it then pivoted around with the knife, with police saying he continued to brandish it with the blade facing the officers. Sgt Donnelly said one officer presented a firearm and when Hall continued to be obstructive, two Tasers were presented.
Hall put the knife in the sink.
However, Mr Hoskin said Hall instructs that he spent eight hours in the police watch-house the night before after a woman had been "carrying on" at his house.
And the second night it was a child's eighth birthday celebration.
Mr Hoskin saying that there had been lots of yelling - "it was joyful noise. And he had made a cake and was in the kitchen when police came in".
"He says they came into the house with Tasers drawn. His children were mortified by what they saw," Mr Hoskin said.
"His son aged eight said please don't take my daddy away. As they did (the previous night).
"He was slow in putting down his knife that's why (he was charged).
"The situation was misconstrued. And significantly he wasn't arrested as he was the night before.
"It seems to me it was not what it seemed."
Mr Cridland acknowledged the two differing versions of events on the second incident.
He sought more factual details with regard to whether police had drawn their weapons thinking it was necessary because Hall was armed with a knife.
Sgt Donnelly said he had no information about the police entering the house with Tasers drawn.
But Hall was told a number of times to put the knife down.
Mr Cridland said he was not prepared to proceed further with the matter until the facts were clarified for the second incident as a jail term was within range.
The second guilty plea was vacated and the matter will go to a court hearing in November. Hall was granted bail.