Border breacher avoids jail after 80km journey by foot

Courthouse  TBW Newsgroup
BAIL REFUSED: Three men were remanded in custody in court yesterday following their arrest in the early hours of the morning in relation to various serious incidents.

A RENMARK man has avoided having to serve jail time after attempting to return to South Australia from Victoria by walking approximately 80km to the border.

William Kelly, 36, appeared in the Mount Gambier Magistrates Court yesterday after he was refused bail for breaching COVID-19 directions.

Kelly was arrested after police located him in the Glenburnie pine plantation at around 5.40pm Wednesday.

The defendant had previously approached the border checkpoint on the Princes Highway in a Victorian taxi at around 11.40am, but was turned away because he did not have approval to enter the state.

Around six hours later, police received reports a male had been spotted walking towards the border and a search began.

He was located and arrested after a short foot chase.

After being turned away at the border, defence counsel Dylan Walsh said their client left the taxi, and walked for around five hours back towards South Australia.

“He had travelled to Hamilton in the hopes of starting a relationship, but it broke down recently and he made the decision to come back to South Australia,” Mr Walsh said.

“He walked around 70km to 80km and his intention was to walk all the way back to Berri.”

Defence counsel revealed Kelly had a learning disability and was advised by his mental health workers he should not be alone.

Magistrate Maria Panagiotidis expressed concerns about whether she could be confident Kelly would be forced to quarantine if a term of imprisonment to serve was not imposed.

“He needs to isolate,” Ms Panagiotidis said.

The prosecution said Kelly would be transferred to a hotel in Adelaide where he would be supervised in quarantine for 14 days.

“I can assure you honour it will happen,” the prosecution said.

Magistrate Panagiotidis sentenced Kelly to 12 days imprisonment which would be suspended on him entering into a $150, six month good behaviour bond.

She also issued a reminder to the defendant about the seriousness of COVID-19.

“We have a very serious deadly virus in the community… you are not allowed to walk around in Victoria and the come to South Australia, you just cannot do that any more,” Ms Panagiotidis said.

“You will be required by the authorities to do certain things and isolate and I strongly advise you do exactly what you are
told.”