Disturbance accused ‘poses too much of a risk’
A YOUNG man with an intellectual disability has been refused bail after an Ipswich magistrate found his behaviour poses too much of a risk to the community.
In the problematic case of what exactly the court should do given his special circumstances, the young man is under the care of the Public Guardian but it is alleged that he continues to abscond from his designated carers and behave aggressively.
In recent weeks he has appeared in custody before Ipswich Magistrates Court charged with offences of violence.
After being granted bail last week and released into the care of a supervised residential facility, he was rearrested by police within hours and charged with new offences.
On Monday he appeared via video-link before Magistrate Virginia Sturgess on the new charges including two counts of causing public nuisance; one of wilful damage; and going armed to cause fear at Churchill on April 6.
He already faces a charge of assaulting one of his paid carers in March.
Through his lawyer Michael Kelly the man made a bail application that was opposed by police.
Prosecutor Sergeant Paul Caldwell said the man had been granted court bail on the morning of Tuesday, April 6 for charges that included committing a common assault on April 5, and wilful damage.
"It was very concerning that at 3pm the same day he was riding a mountain bike in Churchill and yelling at pedestrians. Yelling that they were dogs and to get f***ed," Sgt Caldwell said.
"He was agitated and smashing the bicycle."
He said the man used the bicycle to hit signs and the bus stop where two frightened elderly people were sitting.
He then struck the bonnet of a passing car with the bicycle handlebar, causing large scratches.
The man went into the grounds of the school where he was seen "smashing his bike against the ground while yelling and screaming".
Sgt Caldwell said police opposed bail on the grounds that the community needed to be protected.
"It is a case where his carers cannot deal with him. He cannot be managed," he said.
Magistrate Sturgess said court documents showed the man had been taken to hospital on April 5 on an emergency examination warrant, before being released.
Mr Kelly said his client had an intellectual disability and his affairs were managed by the office of the Public Guardian.
He said the man wanted to go for a walk and a carer refused because it was raining. He went anyway.
"He lost control of himself with the push bike and was waving it around," Mr Kelly said.
"It (the behaviour) causes people concern and is confronting."
Mr Kelly said other incidents included the man calling the police and Quit line 13 times while held in custody.
He said the man was still waiting to be assessed for forensic disability services.
"It's not just a matter that the justice system needs to lock him up," Mr Kelly said.
"Clearly a number of issues need to be addressed to assist him. It's been determined he has an intellectual disability."
Ms Sturgess said he was charged with assaulting and threatening a carer on March 5 and damaging property.
Then when granted bail at 1.30pm on April 6, he was acting aggressively in public within two hours.
She said that on the day before he is alleged to have threatened a carer with the T-bar of a scooter.
Ms Sturgess refused bail, saying she found him to be an unacceptable risk to public safety.
Ms Sturgess said that while no doubt there was a disability at play, "the issue is what can mitigate the risk".
He was remanded in custody to appear in court on April 27.