A MAGISTRATE has questioned "what this state has come to'' after a young man who dropped a tissue in a mall at 1am was held in the police watchhouse for nine hours.

"I'm appalled that this young man is in custody,'' Brisbane magistrate Chris Callaghan said yesterday, after hearing how long Michael Pennisi, 21, had been held without bail.

"Is this what this state has come to? This is all coming down from the top, it appears to me.''

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His comments apparently referred to the State Government's tough new laws on bikies and sex offenders, which have caused tensions between the judiciary and the executive.

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Mr Callaghan said it was "ridiculous'' that Pennisi had been kept in the Brisbane watchhouse for obstructing police, after trying to avoid a litter fine.

Police prosecutor Senior Sergeant Bill Heasley told the court how Pennisi dropped a piece of litter from his pocket as he was withdrawing money from an ATM in Fortitude ­Valley. A council officer told him he would have to pay a ­littering fine, but he told her he was walking away, Sen-Sgt Heasley said.

Police told him to stop, but Pennisi began to run away ­because he thought he'd be made to pay the fine, Brisbane Magistrates Court was told.

Mr Callaghan discharged Pennisi without any conviction or penalty.

Pennisi said outside court he had not even realised a tissue had dropped from his back pocket as he withdrew his ­wallet. He said as the female council officer, with two police, began to issue a $220 fine he refused to give her his details.

"I made the biggest mistake walking away and when the police said 'Come back' I ran,'' Pennisi said. "Then I realised I'd made a huge mistake and gave up the run.''

The young man, who has just graduated with a Bachelor of Commerce from University of Queensland, said he'd had four drinks before the incident.

Today he flies to London to take up a new job.

Pennisi said the $220 littering ticket was "completely ridiculous'' and he'd contest it.

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