Guy Fitzpatrick, 45, convicted in Bathurst Local Court of contravening an AVO

Guy Fitzpatrick, 45, of Endurance Court, Llanarth, was convicted in Bathurst Local Court on February 15 after he pleaded guilty to contravening an apprehended violence order (AVO).

Police and Fitzpatrick were at Bathurst Local Court on December 22 last year for a hearing regarding the application of an AVO, police documents before the court said.

The magistrate questioned Fitzpatrick's alcohol use, as police noted he appeared to be intoxicated or hungover at the time. In response to the questioning, Fitzpatrick said he had gone to a funeral and wake the day before.

During a break in proceedings, police contacted the victim in the matter and a witness to see if they were attending court. They declined and said their reasoning was due to burying a relative the previous day.

After recalling what Fitzpatrick had said in court, police asked the victim if Fitzpatrick was present at the funeral and she confirmed, saying "who am I to decide who gets to say goodbye to people".

Police documents said police then returned to court and spoke with the on-duty sheriffs, who said Fitzpatrick was at a wake the day prior at the Bathurst RSL Club, which he had mentioned in conversation.

The prosecutor was informed of the incident and the hearing was adjourned until January 11 this year.

Police reviewed CCTV footage from the RSL and said they saw the victim and Fitzpatrick - who had been drinking a number of schooners of beer - communicating constantly throughout the afternoon from 1pm to 5pm.

During sentencing on February 15, Fitzpatrick's Aboriginal Legal Service solicitor, Mr Hollis, told the court his client's actions were on the lower end of the scale.

"Obviously the AVO is there to be obeyed, but the circumstances, guilt and offending took place to make it inappropriate to impose anything other than a conviction," Mr Hollis said.

Magistrate C Farnan convicted Fitzpatrick with no further penalty.

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