Prosecutor Leading Senior Constable Alan Walker told the court Cr Garner Smith and Julie Smith, of Cohuna, John Smith, of Gunbower, Douglas North, of Leitchville, and Nadiene and Christopher Konopka, of Cohuna, attended the Pastoral Hotel during a stay-at-home direction at 5.55pm on July 19 last year.
Leading Sen Constable Walker said the six were seated in the dining area of the Pastoral Hotel during the stay-at-home direction, which commenced at 11.59pm on July 15.
The court heard Nadiene Konopka was charged with two counts of failing to comply with chief health officer’s direction as she was caught again by police at the same establishment on July 21 last year.
All six initially pleaded not guilty in Echuca Magistrates’ Court to the charge of failing to comply with chief health officer’s directions, as they said they were not at the Pastoral Hotel at that time.
Magistrate Sharon McRae provided a sentencing indication if they decided to plead guilty.
She said if there was a plea of guilty, she would take into account that none of the group members had ever been trouble before and that it was a very unusual time that everybody was living in where the rules were changing quickly and regularly.
“It is your choice. I’m happy for you to plead not guilty — that’s you’re right,” Magistrate McRae said.
According to the Victorian Government, individuals can be liable for fines of up to $10,904 for breaching a pandemic order or direction through the court system.
After receiving the sentencing indication, five of the group members changed their plea to guilty, however, John Smith did not.
John Smith said he was prepared to pay $200 but he was not prepared to plead guilty because he was not there at that time.
He stated he had the phone records to prove it.
John Smith has had his matter adjourned to November 23.
As a result of their guilty plea, Douglas North, Nadiene Konopka, Christopher Konopka, Julie Smith and Cr Garner Smith must complete a good behaviour bond without conviction for six months.
They are also required to pay $200 to the court fund.
Following the court case, the Riverine Herald spoke with Cr Garner Smith.
Cr Smith said he changed his plea from not guilty to guilty because it was not worth the amount of time that he would have to spend in court.
“In the end, I disagreed with the charge but I had to be realistic because the time it takes is not worth it and I have more important things to do,” he said.
“I have no doubt that we would have won because we were flat out not guilty of that charge.
“There was a business that was open, we happened to be in Echuca at that time, that business was struggling through COVID-19, and we supported it.
“We had every right to be there and were actually entitled to be there because we come from country areas and a lot of businesses near our area were closed.”
