VIC:Magistrate decision on bubble blown

AAP General News (Australia)
04-20-2011
VIC:Magistrate decision on bubble blown

By Michelle Draper

MELBOURNE, April 20 AAP - An apprentice painter got a harsh reality check when he was
jailed for blowing a chewing gum bubble in court.

But it's the magistrate's turn to feel deflated after his decision to lock up the bubble
gum-blowing defendant was quashed.

Mirza Zukanovic, 20, raised the ire of Magistrate Rodney Crisp when he blew the bubble
during a hearing at the Moorabbin Magistrates Court in June 2010.

Mr Crisp, who said Mr Zukanovic blew a very large bubble and popped it while looking
in his direction, promptly sentenced the offender to one month's jail for contempt.

Mr Zukanovic was thrown into the cells and spent 12 hours in custody before the Victorian
Supreme Court granted him bail following an appeal by his lawyers.

On Wednesday, a judge burst the magistrate's bubble when he quashed the conviction,
saying Mr Zukanovic was denied a fair hearing.

Justice Jack Forrest said Mr Crisp did not allow Mr Zukanovic to seek legal advice,
plead guilty or not guilty, or argue his case.

"Mr Zukanovic was not given the opportunity to put his side of the case and was therefore
denied a fair hearing," Justice Forrest said.

"The magistrate's decision will be quashed."

Justice Forrest said the Supreme Court did not condone acts of contempt but "firmness
must be accompanied by fairness".

AAP md/mn/nb

KEYWORD: ZUKANOVIC WRAP

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