Man fined for 'rocking' ute
A MAN who police alleged threw a rock at a ute after accusing its driver of shooting his dogs was convicted of willful damage this week.
Horst Adolf Bofinger, 72, had earlier pleaded not guilty to causing wilful damage and his case went to trial in the Warwick Magistrates Court on Wednesday.
Police alleged that on October 9 last year at Wildash, he became involved in a dispute with the manager of a nearby cattle property, Rokeby, on Kings Rd, after accusing the manager of killing several of his dogs.
The court heard the dogs had attacked Rokeby cattle and the manager exercised his legal right to shoot them.
But the court was also told an enraged Bofinger confronted the manager and threw a rock at his head, missing him, then a short time later threw another rock at his Hilux ute as it passed Bofinger's farm, which he rented from the Rokeby owners.
Photos showing damage to the ute were handed to the court, including those of the smashed driver's mirror and a dented front bonnet.
Bofinger denied in court having thrown the rock at the ute, despite admitting to it three times in a recorded interview with police.
But he stated twice in court that had he been armed himself, he would have shot the Rokeby manager "without hesitation".
Magistrate Lee found Bofinger guilty of wilful damage and fined him $750, with $500 to be paid to Rokeby to cover the cost of an insurance excess for damage repairs.
The Land Protection Act allows the shooting of a dog in a rural area if it is not under control and/or is attacking, or is about to attack livestock