‘The f------ prosecutor is dead, so is that magistrate’
A MAN who threatened to kill the magistrate from his trial, claiming "it's going to be a bloodbath" and "I actually f-----' mean it" has had his convictions set aside because the jury was not directed to consider it could have just been his temper.
Michael Edward Stanley Enright was originally found guilty of four counts of retaliation against a judicial officer after he was recorded making expletive-laden threats in conversations with his mother and grandmother.
Enright, 30, who was originally in jail for using a carriage service to harass, was angry that he'd been kept in prison for so long.
"As soon as I get out of here, c---- are going to die," he said in a call from Maryborough Correctional Centre to his grandmother in 2017.
"The f------ prosecutor is dead, so is that magistrate. He'd want to be careful in the street … I actually f------ mean it. I'm going to kill the c--- when I get out of here for lying in court, for misleading the court."
Enright would later have his sentence reduced for the charge of using a carriage service to harass after a court found there had been an administrative error with his criminal history.
The court heard he'd accidentally been given a longer sentence because his criminal history had been recorded as worse than it was.
The court was told it was while he was serving that sentence that he made the series of phone calls to his mother and grandmother threatening to kill those involved in his case.
"I'm going to kill them when I get out," he said in another call to his grandmother.
"They're going to die. It's going to be a bloodbath … I will come back for something worthwhile this time.
"There'll be three deaths."
The court was told that in other calls he claimed to know people who work for Medicare who could access the addresses of the magistrate, the prosecutor and his parole officer.
"If you've got a Medicare card, I've got your address," Enright said.
"So they can't f… hide … best they be warned and they get the f... out of town because they are not safe."
Enright was found guilty of four counts of retaliation against a judicial officer and not guilty of one further count. The sentencing judge added another year to his prison term.
But the four convictions were set aside in a decision delivered today by the Court of Appeal.
The court found there was an error in his trial because the jury was not instructed to consider whether the threats were "intended to be taken seriously or were words said in temper".
Enright will face trial again on the four charges.