A magistrate has warned prosecutors that a charge against a French-born man accused of threatening two Muslims at a Gold Coast is "wrong".
Francky Yann Guise, 37, faced Southport Magistrates Court on Thursday charged with two counts of common assault and one count of making threats to cause detriment.
Guise is accused of assaulting and yelling "we're going to bomb you all" at a Muslim man and woman at the Q1 hotel in Surfers Paradise on Monday.
Magistrate Chris Callaghan immediately criticised the charge as soon as the matter was called before him.
"Please, what a wrong charge," Magistrate Callaghan told the court.
"That's going nowhere."
Threats to cause detriment is essentially an extortion charge and can carry a penalty of up to five years imprisonment.
But Magistrate Callaghan said that charge was unsustainable with the evidence proffered and suggested the charges may have to be amended.
Guise allegedly grabbed the breast of a 25-year-old woman in Muslim attire before making reference to her being an animal.
He is then accused of approaching a 17-year-old relative of the woman and spitting in his face.
Guise's lawyer Michael Bosscher said outside court his client would be defending the charges.
The matter has been adjourned until January 14.
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