Police & Court
Three strikes you’re out: Man applies for bail for third time in about two weeks
A Mooroopna man has been locked up over the festive season after applying for bail for a third time in about two weeks.
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Maximus Kearns, 20, unsuccessfully applied for bail in Shepparton Magistrates’ Court on December 20.
In the most recent set of charges, Mr Kearns is charged with possessing a controlled weapon and possessing methamphetamines.
Shepparton Crime Investigation Unit First Constable Ellie Smith told the court police saw a Volkswagen Polo being driven at more than 200km/h on the Goulburn Valley Hwy, near the Shepparton Airport at 9.20am on Thursday, December 19.
Police found the vehicle 10 minutes later in a vacant block in Rimes Crt in Shepparton.
Mr Kearns was located by police within a few minutes of them discovering the car.
He was walking south on Colliver Rd.
He had a machete tucked into his pants and a bag of methamphetamines in a bumbag, First Constable Smith said.
The officer told the court no charges had been laid over anything to do with the car, as police still needed to forensically examine it.
In a police interview, Mr Kearns denied driving the car.
The court was told the car had been reported as stolen from a property in Werribee between 8.30pm on December 15 and 7.45pm on December 16.
First Constable Smith said Mr Kearns was on a curfew from a previous time he had been bailed and was not home when police checked on his Mooroopna home at 1.28am on December 16.
Police also allege he breached his bail conditions by going to the house of a co-accused in another matter at 3.34am on December 19, by having the drugs on him when he was arrested, and by continuing to offend while on bail.
The court was also told that Mr Kearns was arrested twice on Wednesday, December 18, for allegedly stealing from Coles in Vaughan St at 11.40am and then again from Coles in Kialla at 3pm.
On both occasions, he ran away when spotted by police.
First Constable Smith said Mr Kearns was on eight counts of bail.
He had only been released on bail on December 13 after allegedly ramming a police car in the car park on Bunnings in Shepparton, before allegedly speeding through the Shepparton Marketplace car park and on to Benalla Rd on December 10.
He had also been released on bail five days before the alleged ramming incident after allegedly stealing $11,000 worth of tools from a tradie’s ute.
Mr Kearn’s defence solicitor Cally He told the court her client had ADHD and borderline personality disorder, and asked for Mr Kearns to be bailed, as he was likely to spend more time on remand than any sentence he may be given if found guilty.
She also said her client had started to engage with support services since he had been bailed, but said it was important he was given more time, as he had only just been allocated a caseworker.
Magistrate Olivia Trumble, however, said while she could not take the alleged driving on the Goulburn Valley Hwy into account, as he had not been charged with it, she was concerned at the number of breaches of bail and the fact that Mr Kearns continued to re-offend.
“Even if I put aside the driving, he’s associated with people he’s not supposed to, he’s carrying weapons, and offending in the middle of the night. Of course he’s a risk,” she said.
“He was bailed last time because I said if he complies with bail conditions it reduces the risk, but he doesn’t comply with them.
“This is his third bail app in front of me.
“I don’t know how I can draw any other conclusion other than he’s going to keep breaching bail conditions.
“I don’t have any other choice other than to revoke his bail.
“He is, quite frankly, out of control with his offending.”
Ms Trumble refused bail and Mr Kearns was remanded in custody until his next court appearance in early January.