By Cam Lucadou-Wells
A man defied police to the point of allegedly urinating on the floor of his Narre Warren police cell and defecating on a provided towel, a court bail hearing has heard.
Neil Ashley McGrath, 48, of Noble Park, unsuccessfully applied for bail via prison video link at Dandenong Magistrates’ Court on 15 October.
Police alleged that McGrath was set to be charged over his conduct in police custody in September – on top of 50-odd outstanding charges.
The court heard McGrath allegedly stripped off his hospital gown in the back of the police divisional van.
Police had to carry him to his Narre Warren police cell because he refused to walk, nominal informant Sergeant Daniel Justice told the court.
McGrath claimed he was derobed because he had been assaulted by police, his barrister Gordon Porter said.
In the cells, he allegedly banged on the cell doors, swore, and threw wet paper towel onto the cell’s camera and glass cell door.
He urinated by the cell door, causing a puddle outside the cell. Then he tried to flush a blanket down the toilet, police claimed.
After complaining about the cold temperature of his cell’s shower, McGrath defecated on a towel and flicked faeces onto the cell door, police told the court.
McGrath had been arrested at his boarding house on 3 September.
He was wanted on eight outstanding bench warrants for not appearing at court over the past two years.
The warrants related to eight separate criminal matters, including several incidents of alleged dangerous driving and being pursued by police.
He had 35 previous convictions for failing to appear on bail.
Mr Porter said McGrath had forgotten one of his court dates because he had an appointment to collect his dentures on the same day.
“He wants to be released on bail because half of his teeth are at home.”
Nominal informant Sergeant Daniel Justice told the court that such medical matters were irrelevant “given how serious the offending is”.
McGrath argued for his release due to his mental health issues, not receiving enough methadone in prison, a recent asthma attack the night before and his missing dentures.
In refusing bail, magistrate Doug Bolster said McGrath failed to meet the ‘exceptional circumstances’ test, and was also an unacceptable risk of failing to attend court.
McGrath was remanded to appear at Dandenong Magistrates’ Court on 24 October.
