Proof required to consider bail

By Cam Lucadou-Wells

A man accused of defying an intervention order by breaking into his brother’s Hampton Park home and threatening him with a knife has been refused bail.
The man denied the allegations – as well as claims that he was homeless and using methamphetamine – during his in-person bail hearing at Dandenong Magistrates’ Court on 1 August.
“I went to my brother’s to fix things with my parents … not to make any trouble,” the man told the court.
“I swear, I didn’t have a knife.”
Days earlier, the man was accused of also demanding to enter his Narre Warren parents’ home and producing a knife while in an apparently drug-affected state.
Police claimed the man was an unacceptable risk on bail due to his “escalating” behaviour and “grave” concerns for community safety.
The court was told the man had nowhere to live, used methamphetamine and was likely to go back to the brother’s residence.
He was subject to three interim intervention orders, protecting his brother and his parents.
The man was accused of breaking in by removing his brother’s bedroom flyscreen on 29 July. The brother said he discovered the accused’s mobile phone cover on his bed.
That evening, the man allegedly returned and knocked at the door, saying he hadn’t slept or eaten for five days.
The brother, with his two young sons in tow, asked the accused to leave. The accused left and allegedly said: “Call the police. I’m not scared of them.”
The accused later returned, standing in the driveway and screaming. His brother put a hand on his back and again asked him to leave.
The accused pushed the brother over and pulled a knife. The brother retreated, grabbed a piece of wood and locked himself in his house, police told the court.
Magistrate Jack Vandersteen said he needed proof of the man’s claims that he was “living with his missus” and that he worked full-time as a roof tiler.
“There’s nothing before the court that suggests the prosecution case is weak.
“We’re dealing with a risk of family violence where there are allegations of weapons being produced.
“You would need a lot of evidence before the court before I’d consider bailing you.”
The man was remanded in custody to appear at Dandenong Magistrates’ Court on 10 August.