Firies and police attacked responding to Australia Day fire

AUSTRALIA Day drinks got smokin' hot when the rear tyre of a car was set alight while parked in a Gladstone yard during a noisy party.

The acrid smoke from burning rubber led neighbours to call fire and emergency services to the home of Daniel Kavanagh ... but when officers and the police turned up, he sooled his big dog on them.

At the time, Kavanagh (pictured, from Facebook) laughed it off, saying his dog was just playing.

Nine months later, the 29-year-old pleaded guilty before Gladstone Magistrates Court to two counts of obstructing a fire officer under the Fire and Emergency Act, and resisting a police officer (with a gate) on January 26. He was given two jail sentences of three months and one for one month, but was immediately released on parole.

Prosecutor Sgt Barry Stevens said police were called to a fire at a noisy party in Kirkwood at 3.40pm and found a car smoking with its rear tyre burnt out.

Queensland Fire Emergency officers were already at the house dousing the car with water.

Sgt Stevens said Kavanagh was baiting the officers and encouraging his dog to bite them.

This was recorded on video and shown to the court magistrate when Kavanagh's girlfriend appeared charged over the same incident.

Sgt Stevens said when a fire officer asked him to secure the dog, Kavanagh just laughed, saying he was only playing. "They had to spray water on the dog to prevent being attacked or bitten," Sgt Stevens said.

As the fire officers began to leave, Sgt Stevens said Kavanagh "charged" at a partially open gate, causing it to shut, striking a female police constable on her shoulder.

When police tried to arrest and handcuff Kavanagh, Sgt Stevens said he said "no", and then swung punches at a female officer and despite being told to stop resisting, he struggled before being restrained.

"It's disappointing fire officers doing their duty trying to make his property safe are subject to this," Sgt Stevens said.

Magistrate Mark Morrow said his memory was very good and he remembered that the woman seated in the court (Kavanagh's girlfriend) went before him on the matter.

"She was ashen-faced, dead scared that she was going to jail," he said.

"His partner was more siccing the dog," he recalled.

The court was told the woman had grabbed a police office by the throat and had received six months jail, but was released on immediate parole and there had been an issue with binge drinking.

Mr Morrow told Kavanagh his behaviour was "not a very smart move" toward officers doing their duties. After imposing the jail penalties, Mr Morrow told Kavanagh to "stay out of trouble".

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