By Cam Lucadou-Wells
A Doveton man, twice jailed for family violence, has been granted bail on appeal after claiming he was being blackmailed by the same victim.
On 9 October, Justice Jane Dixon of the Supreme Court of Victoria released the 29-year-old man on strict bail conditions including a fixed address, night curfew and daily reporting to police.
He was also ordered to comply with family violence intervention orders and not communicate with the ex-partner and her son.
The decision overturned the man’s failed bail application in Dandenong Magistrates’ Court on 18 September.
The man denied stalking, unlawful assault and persistently breaching an intervention order in Springvale in May – three days after being released from his second stint at prison.
He had been on two community corrections orders at the time.
Defence barrister Roona Nida claimed the man had been jailed twice due to “false” allegations made by the ex-partner, who had been blackmailing him for money.
On one occasion, the ex-partner alleged the man breached his intervention order by making about 130 phone calls to her on 23 April – while she had possession of his phone, Ms Nida said.
In February, she allegedly threatened to make “trouble” if he didn’t transfer his $36,000 car into her name. He is still paying off the car loan, insurance and maintenance, Ms Nida said.
“The applicant was unemployed and was forced to transfer … unemployment benefits to (the ex-partner) in order to avoid going to prison.”
He also alleged he had been beaten up – once by four men outside his house and once by a man who drove off with the ex-partner.
The man had also been allegedly assaulted by the female in November, leading to the police taking out an intervention order on his behalf.
Two days later, the female took out an intervention order against the man. His first set of charges and a 17-day jail term followed.
Ms Nida said two psychologists’ reports found the man had no intention of harming or taking revenge on the ex-partner or her boyfriend.
“The applicant expressed that he was fully committed to move on with his life and work hard to make money.
“He also expressed his religious reasons for (ceasing to think) about (the ex-partner) being re-partnered with another man.”
Ms Nida said the man had no criminal history prior to the family violence allegations in November.
Already on remand for more than four months, the man had attempted suicide and was at risk of mental deterioration if he spent a lengthy time in prison, Ms Nida said.
Police had alleged the man had approached the woman outside her house in breach of an intervention order, followed her in his car and harassed her as she walked to Springvale railway station.
As she sat in a male friend’s car in a car park, the accused allegedly tried to open the locked car doors and then struck on the car windows with his hands.
The victim took photos of him next to the car – with confirmation of the geographic location.
The accused told police the victim’s friend had got out of the car at a McDonald’s outlet and punched the accused several times to the head.
“They’re making up stories to get me,” he allegedly told police.
That night, he allegedly returned to the victim’s home.
The man was bailed to appear at a contested hearing at Dandenong Magistrates’ Court on 18 October.
