The man was upset over loud music at a nearby gym.
The man was upset over loud music at a nearby gym. Geoff Potter

Man armed with chain threatens gym users over loud music

A MACKAY man frustrated by loud music blaring from a nearby gym early in the morning has been fined after he took matters into his own hands.

Shannon William Davis, 31, pleaded guilty to committing public nuisance in the Mackay Magistrates Court on Tuesday.

The court heard Davis, who has lived on Brisbane St for four years, approached an exercise group on the street around 6.30am on February 8.

He yelled and swore at the group of 11 about the level of music and told them he was unable to sleep.

Police prosecutor senior constable Duncan Erskine said Davis left but returned to yell at the group again.

"Witnesses also describe seeing the man brandish a thick chain with a padlock attached to it and swing it above his head in a threatening manner," Mr Erskine said.

The court was told Davis then unplugged the speakers and left, while the informant called police.

He was later arrested in his home.

Mr Erskine said Davis told police at the time that he did not swing the chain.

"He did however admit to holding the chain in his hand and raising it but said he only did that because he thought the informant was going to assault him," he said.

"Asked why he hadn't made a noise complaint, he said police had never done anything in the past to help."

Defence lawyer Cassandra Adorni-Bracessi said Davis became frustrated because the music had been playing from 4.30am each weekday for the past two years.

"He accepts that he should not have approached and not gone back to the place however it was from a place of frustration," she said.

Magistrate Scott Luxton convicted Davis and fined him $750.

"I accept that this has been an ongoing issue for a significant period of time and you may have had some frustration about the action or inaction of the council or police," he said.

"But you understand you don't resort to this type of behaviour to resolve this type of disputes with people."

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