A VICTORIAN man who allegedly spat on police at a border checkpoint near Naracoorte has been granted bail.
Ian Patrick Dick, 63, appeared in the Mount Gambier Magistrates Court via video-link yesterday for charges of aggravated assault of police, resisting arrest and offensive language.
Prosecution said on June 4 at around 10am, Dick was allegedly driving a heavy duty vehicle which approached a border checkpoint near Naracoorte at visibly high speeds.
The court heard when the defendant was spoken to by police, he appeared immediately aggressive and began to swear and direct vulgar language towards the engaged officer.
“He was warned about his language a number of times,” prosecution said.
“He failed to produce his licence upon request and continued to swear at the officer.”
Prosecution said after the confrontation, Dick remained in his truck and allegedly spat down at police, with residue striking an officer’s right hand and uniform.
After being apprehended by police, Dick allegedly tensed his body, which prosecution said “made it very difficult to arrest him”.
The defendant was not interviewed after the incident as police believed he was too aggressive at the time.
During yesterday’s hearing, defence counsel made an application for bail which was strongly opposed by the prosecution.
Prosecution said the offending was serious in nature and there was no reassurance he would return to court or pay his own cash surety as he lived on a Victorian property in Apsley on his own.
Defence counsel said his client had special circumstances which made him eligible for bail.
He said it was highly unlikely any penalty handed down to Dick would outweigh the time he would spend in custody in the lead up to the decision.
On the day of the offending, defence counsel said his client had already been through the same checkpoint three times that day and had complied with all obligations.
The court heard the allegations of aggravated assault were being contested, which would no longer make Dick a prescribed applicant.
Magistrate Maria Panagiotidis agreed the defendant had special circumstances and granted him bail upon him lodging a $1000 cash surety with the court.
She took into consideration the defendant had no relevant prior history and that it was highly unlikely Dick would serve a custodial sentence.
“The time you would spend in custody waiting for a trial date would be unfair, ” she said.
“I expect to see you in court upon next appearance and there will be no hesitation to extract the cash surety and remand you in custody if not, which could be until later in the year.”
Dick was bailed to appear in court on July 22.
