Magistrate’s blast: ‘It’s not a game’


A MAGISTRATE has told serial protester Eric Herbert, who has allegedly breached community service orders, that he "needs to wake up to himself".

Tough-talking Brisbane Magistrate John Smith also told Herbert: "It's not a game."

Herbert, 20, faces being resentenced for protest-related offences for which he previously was placed on two community service orders.

Eric Herbert from Extinction Rebellion locked to a car in Brisbane’s CBD last week. Picture: Josh Woning/AAP
Eric Herbert from Extinction Rebellion locked to a car in Brisbane’s CBD last week. Picture: Josh Woning/AAP

Herbert has completed only nine hours of a total of 90 hours of community service he has been ordered to perform, Brisbane Magistrates Court heard on Friday.

Defence lawyer Laura Rouse today asked for a four-week adjournment, so Herbert could show he could continue to do community service, and possibly avoid being resentenced.

On Friday, Herbert was sentenced to six months on probation, after he pleaded guilty to four protest-related offences.

Magistrate Smith today said the principle condition of probation was to abstain from violation of the law.

"Mr Herbert indicates he does not intend offending again," Ms Rouse said.

Mr Smith said Herbert was facing two alleged breaches and if there were further offences proven to have been committed, he would have breached the principal probation condition.

"He certainly accepts that ultimately he is going to be dealt with on that breach of community service, in terms of the offence itself," Ms Rouse said.

"It's not a game. He needs to wake up to himself," Mr Smith said.

Ms Rouse said his aim was to show the court he could comply with the community service orders.

"He's in a spot of bother if he comes before me, I can guarantee that," the magistrate said.

Mr Smith said Herbert had previously been given the benefit of having no conviction recorded, but that would be gone if he was sentenced for the two alleged community service breaches.

"He needs to listen to experienced counsel, Ms Rouse, if you can get through to him. The court's not doing it," Mr Smith said.

Herbert's breach case was adjourned until November 12.

Mr Smith had a final warning for Herbert, who is on bail.

"Make it clear to Mr Herbert, as well, that if he breaches his bail undertaking, by alleged commission of an offence, bail can be revoked and he will be remanded in custody," he told Ms Rouse.