A TOOWOOMBA man charged with having a "fish whacker" in his vehicle had a magistrate stumped as to whether he should have been in court at all.
Gary Dann, 52, was pulled over in Gordon Ave about 10.50am, October 22, by police who believed the tattoos he displayed linked him to the Bandidos Motorcycle Club.
He told the officers he hadn't been a Bandidos member for two years but allowed police to look through his Holden utility, Toowoomba Magistrates Court.
Spotting a wooden club with a string attached, a police officer asked Dann what it was and was told it was a "fish whacker".
Police prosecutor Greg McIntyre told the court the officer inspected the item and found it didn't smell of fish and that there was no evidence it has been used on fish.
Dann replied he hadn't used the fish wacker for a couple of years and had forgotten it was in his ute despite having cleared the vehicle of fishing gear the night before.
Dann pleaded guilty to possessing a restricted item, prompting Magistrate Bruce Schemioneck to ask whether the fish wacker could be defined as such under the legislation.
Defence solicitor Kyna Morice said her client just wanted the matter dealt with and pleaded guilty to the charge.
Her client instructed he had bought the fish wacker 20 years ago from a bait and tackle shop.
She said she was unsure as why police had even made the Bandidos reference.
Dann told Mr Schemioneck he had a boat and regularly went fishing.
Mr Schemioneck imposed no further penalty, ordered the conviction not be recorded and ordered police to return the fish wacker to the defendant.
"Just don't keep it in your car," Mr Schemioneck told Dann.
"It's going back in the boat," Dann replied.
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