Ferguson v. Watterson

[2008] QDC 224

DISTRICT COURT OF QUEENSLAND

CITATION:

Ferguson v Watterson [2008] QDC 224

PARTIES:

DENNIS RAYMOND FERGUSON

(applicant)

v

NOEL BOYD WATTERSON

(respondent)

FILE NO/S:

40 of 2008

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court Ipswich

DELIVERED ON:

19 September 2008

DELIVERED AT:

Ipswich

HEARING DATE:

2 September 2008

JUDGE:

Richards DCJ

ORDER:

The respondent is ordered to pay the applicant the sum of $2,250 by way of compensation

CATCHWORDS:

Criminal compensation – where other factors have contributed in a significant way to an injury

COUNSEL:

Mr P E Smith for applicant

Mr P Boustead for Crown Law

No appearance for the respondent

SOLICITORS:

Fisher Dore for the applicant

No appearance for the respondent

1. The applicant is a sixty year old man who has previously been convicted of sexual offences against young children.  He was released from prison in New South Wales on 15 December 2004 and returned to Queensland in December 2004 initially living in the Brisbane area with friends.  From December 2004 to January 2005 he moved to Ipswich and was living with a friend in temporary accommodation. 

1. During the days leading up to this offence he and his friends had been subjected to an extreme amount of harassment from the media who had in turn engendered public support to hound the applicant out of town.  On 1 February 2005 he was helping friends move to rental accommodation in Murgon.  He was the subject of further abuse on that day in Murgon and was told by the police he would be safer if he left and he returned to Ipswich.  When they arrived back at Ipswich there were members of the media and a crowd of people outside the premises waiting for them. The applicant could not see what was going on as he was under a blanket in the rear of the vehicle but he was told that Mr Watterson was in the crowd and that Watterson did not like him. 

1. Because of the hostility of the crowd outside the house they drove immediately to the Yamanto Police Station.  When they arrived the media was there as well.  His friends went into the police station while he stayed under the blanket in the car.  They requested assistance from the police and then they went back to the Ipswich address driving around to the back of the premises.  The media and the respondent were still there.  The car was stopped and as he lay under the blanket he heard many people yelling things like, “Get out you filthy kid fucker”, “You’re dead”, “We don’t want you here.”  He became scared that if he got out of the car people would hurt him.  He heard the back door of the car being opened by the applicant and he heard the applicant and others yell at him, “Get out of here!”.

1. Things quietened down a bit and he eventually left the car and entered the house.  As he went to the house he heard more abuse and people…