Man facing DV charges too distressed to appear in court

A BALLINA man accused of domestic violence offences against his mother has been refused bail.

The 26-year-old, who was due to face Lismore Local Court on Tuesday, was too distressed to be brought into the dock from custody, the court heard.

He had applied for bail without a lawyer the previous day but was unsuccessful.

The accused has pleaded not guilty to stalking or intimidation, contravening an AVO and destroying or damaging property.

The offences, in which the alleged victim is his mother, are said to have occurred at West Ballina between 11.20am and 12.15pm on Saturday.

His solicitor, Hannah Donaldson, told the court Corrective Services were "unwilling" to bring the man into the court room.

The court heard the accused was assessed by a mental health nurse and was found to be "quite emotional", but not experiencing any condition that would bring the Mental Health Act into effect.

Ms Donaldson applied for bail on the man's behalf in his absence.

The police prosecutor opposed the application, saying the man was serving four intensive corrections order at the time of the alleged weekend offences.

Ms Donaldson said her client had been "assessed as being in the lower range of risk", so was no longer under supervision under the ICOs.

"They had nil issues with his compliance when he was being supervised," she said.

The court heard the accused had a young son he had "fairly regular" contact with, and was willing to stay in Banora Point, away from the alleged victim.

Ms Donaldson said he would be able to report to police daily if released.

Magistrate Peter Bugden said the man's criminal record included numerous failures to appear in court and "many breaches of bail".

"If one has more than a cursory look, it would appear the defendant does not abide by any order the court puts down," Mr Bugden said.

Mr Bugden said he had "no option" but to refuse bail.

The case will go before Ballina Local Court on October 16.


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