Bradley Mulcahy, 43, from Shepparton, was bailed from Shepparton Magistrates’ Court on Monday after Magistrate Peter Mithen granted his release to attend rehab for alcohol issues.
“I am concerned about the risk of further offending, which is quite practical, real and possible; (however,) the opportunity for rehab is an opportunity he shouldn't miss,” Mr Mithen said.
Police allege Mr Mulcahy attended Kmart in Shepparton on July 18 where he urinated in the sporting goods aisle before placing $178 worth of items into his trolley and down his pants, making no attempt to pay.
Police allege the stolen items included an LED mini torch, a pack of butane canisters, contact adhesive, weight gloves, two fibreglass hammers, precision pliers, a three pack of underwear, a personal trimmer and a Bluetooth speaker.
Prosecutor Leading Senior Constable Chris Cole told the court that same afternoon police were called to the Maude St Mall after receiving reports of a male swinging a hammer towards people.
“Police arrived and observed the accused swinging a black metal pole around and behaving erratically,” he said.
“The accused had a hammer in his right pant leg and a second hammer in his trolley ... there were a large number of people in the area at the time of the incident.”
CCTV footage from the mall was played to the court, showing seven police officers surrounding Mr Mulcahy before capsicum spray was used on the accused and he was arrested.
Sen Constable Cole said police were not opposed to the accused being released on bail to attend Odyssey House in Molyullah; however, he raised the concern that a bed was only available for him from next Monday.
“My concern is if Mr Mulcahy was bailed today you're essentially leaving him to his own devices for a week,” he said.
“I made the suggestion of him remaining in custody until (later this week) and that way it minimises the risk to himself, the family and the community.”
The accused's lawyer, Luke Slater, disputed the police's claim that there were a large number of people around the Maude St Mall at the time of the incident.
He also argued against the charge of affray, saying he "highly doubted" police would be able to prove the charge.
“Affray would require a fairly significant level of force, and force requires the public to be at least terrified,” he said.
“In my opinion the footage wouldn’t support that level of fear or violence.”
Mr Slater said his client did not recall urinating in Kmart or attending the mall on the day of the alleged incident; however, he praised the police for their handling of the matter.
“The police dealt with that matter in a very effective way ... a textbook example of dealing with a substance-affected and very unwell person in the least controversial way possible,” he said.
Mr Slater told the court Odyssey House would not accept people directly from custody due to the coronavirus pandemic; however, staff were "satisfied" he could detox at his parents’ home for a week before attending the facility next Monday.
When granting bail Mr Mithen acknowledged Mr Mulcahy's issues with alcohol, saying that him not remembering the incident explained things, but was no justification.
“You've seen the footage and said you can't remember it — it's there in black and white for all to see,” he said.
“Everyone in this court wants you to succeed in rehabilitating yourself.”
Mr Mulcahy is facing 12 charges including theft, committing an indictable offence while on bail, behaving in an offensive manner, affray, assault an emergency worker on duty and unlawful assault with a weapon.
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