Community service for mobility scooter man who assaulted police officer

Thursday 26 October 2017

A 44-year-old man who struck a police officer in the arm and the face, has been ordered to carry out 50 hours community service by the Magistrate's Court.

Jose Gramilho Cabo, who uses a mobility scooter because he is affected by a conversion disorder, has also been put under a nine-month probation order after police officers saw him drunk and incapable in town on two separate occasions.

The first incident took place on 27 July at the crossing of Union Street and York Street. Members of the public alerted the police about the level of intoxication of Mr Cabo. The court heard he had lowered himself to the level of the pavement but had not fallen from his mobility scooter. When members of the public tried to help him, Mr Cabo became abusive and resisted, at which point they called the police.

When the officers arrived they saw the man lying on his front in the middle of pavement. He was conscious and talking loudly in Portuguese. The court heard that his voice was loud and slurred and he smelled strongly of intoxicants. The officers told Mr Cabo they couldn’t leave him on the pavement. The officers spent 20 minutes trying to help the ambulance staff assist him but he was shouting and waving his arms in an aggressive manner.

On a separate incident on 7 September, Mr Cabo became violent towards paramedics who were trying to treat him on the pavement in front of Norman's building. The paramedics were unable to treat him and police officers had to keep asking him to calm down. The court heard Mr Cabo was lashing out and attempted to kick his legs out on numerous occasions. He was then taken to A&E where his aggression increased so much that he had to be restrained. A consultant said it was not safe for him to medically assess Mr Cabo, who shortly after struck a police officer in his arm and the left of the face.

The following day, when Mr Cabo was interviewed he could not recall the incident because he was heavily intoxicated. He admitted he was drunk and incapable of lifting himself after having drank whisky with a friend. He was however remorseful and wanted to apologise to the officer he had struck.

His advocate Eloise Layzell told the court that Mr Cabo had shown genuine remorse and that he had became upset when he was shown CCTV footage of the incident, adding that he had presented a sincere apology. She explained that since the incident Mr Cabo had taken concrete steps to address his alcohol problems by making contact with the relevant services. She also explained that he was suffering from a conversion disorder, a mental health condition sometimes brought on by stress which can cause paralysis. 

Handing out his sentence, Relief Magistrate David Le Cornu told Mr Cabo: "You are not setting a very good example for your son by being in court for these offences. We are pleased to hear that, at last, you seem to be addressing your drink problem. At your age, it is about time." 

He sentenced Mr Cabo to 50 hours of of community service equivalent to one month in prison, saying: "Police officers have a difficult job as it is without being assaulted while on duty."

He also put Mr Cabo on probation for nine months for the two incidents of drunk and disorderly conduct. Before Mr Cabo left court he told him: "Take advantage of the chance this court is giving you because if you come back before the court for similar offences you can expect a custodial sentence."