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Men face longer wait for court judgement

19 Jun, 2009 04:00 AM
TWO Warrnambool men facing the prospect of going to jail have been given reprieves.

Former jumps jockey Dean Fitzgerald, 40, of Wanstead Street, breached a suspended jail sentence by again driving while disqualified.

Clement Rhyne, 36, of Raglan Parade is also battling to stay out of jail after breaching a suspended jail sentence by driving while disqualified and punching a man in the face.

The Warrnambool Magistrates Court heard this week that on October 7 last year, Fitzgerald was intercepted by police and found to be driving while disqualified. That breached a one-month jail sentence which was suspended for 12 months on September 5 last year.

Defence counsel Andrew Tweedly said Fitzgerald became a paraplegic 12 years ago after a race fall when a horse landed on him.

Mr Tweedly said Fitzgerald spent three weeks in a hospital facility receiving mental health care after being caught by police. He said mental health issues had been brought on by drug use.

Magistrate Steve Myall adjourned the case until September 25.

The court heard Rhyne was caught with a blood alcohol reading of 0.136 when driving while disqualified on October 4 last year.

His licence was disqualified for four years in 2006.

On December 17 last year Rhyne was playing music in his bungalow when his neighbour went over and asked him to turn it down.

Rhyne's dog tried to get out and the neighbour put out his leg to stop the dog. Rhyne thought the neighbour had kicked the dog and punched the man to the face before grabbing him around the throat.

Those offences breached a five-month jail sentence which was suspended for 15 months on assault charges in April last year and a two-month jail sentence which was handed down on August 28 last year.

Mr Myall adjourned the case until July 6.

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