Man to fight charges after tomahawk incident on rural road
A BYRON Shire man charged with weapon and intimidation offences will defend the allegations against him.
Max Cook, 24, from Huonbrook, has been remanded in custody over two charges each of using an offensive weapon with intent to commit an indictable offence and stalking or intimidation.
When Mr Cook faced Byron Bay Local Court by video link from custody on Monday, police prosecutor Chris Martin said the case had been referred to the DPP for consideration.
The DPP has asked for more time to decide whether they will prosecute the case or leave it with police, the court heard.
Defence solicitor Kate Brady asked for Mr Cook to be released on bail, but Mr Martin opposed this.
“He has a long history of violence, your honour,” Mr Martin said.
He said this involved “numerous matters of violence” and if he was found guilty, a prison term would be “inevitable”.
Ms Brady said her client claimed he was “walking along the road” on Mill Rd in Goonengerry when the alleged victim – in a car – stops and offers a greeting.
“Mr Cook comes to window and speaks to him,” Ms Brady said.
She said her client argued he was holding a tomahawk at his waist at the time, but that this item, which she pointed out is “also a tool” had no untoward behaviour attached to it.
She said one of the charges against Mr Cook “relies on a child’s perception”.
Ms Brady stressed the area was “surrounded by dense bushland” and Mr Cook’s father owns land in the vicinity.
She said to suggest her client had been “hiding out” there before police arrested him on November 10, the day after the incident, was “a bit of a stretch”.
She argued a custodial sentence would not be inevitable if Mr Cook was convicted, but maintained police had “overcharged” her client.
Magistrate Karen Stafford refused bail, citing his “extensive criminal history” and the face he was already “subject to a community corrections order for the custody of an implement”.
The case will return to court on February 1, 2021.