An alleged domestic violence offender hung his head and covered his ears in court as a judge read out the horrific and violent messages he sent to his former partner while refusing him bail.

The man, who cannot be named for legal reasons, was charged with three counts of breaching a domestic violence order, which included sending messages threatening to kill his former partner, his own child and the aggrieved’s parents.

The 26-year-old appeared in custody before the Kingaroy Magistrate’s Court on January 4, 2021, to make an application for bail.

Details from the bail affidavit detail three charges of contravening a domestic violence offence – with the first charge being the most serious constituting 229 SMSs, 58 phone calls and three MMSs sent to the aggrieved.

Magistrate Andrew Sinclair detailed charge two as constituting “his presence shown by CCR records in and around the location which the aggrieved was living at the time” and that charge three was for “going to see (the aggrieved)” after berating her through messages.

“She agreed to that in an attempt to have the messages cease,” Magistrate Sinclair said.

The magistrate read to the court a series of the most horrific texts, during which the accused bowed his head and covered his ears.

The Texts:

‘See you at a three-way funeral, tell your mum I’ll rape her and (name) can watch.’

‘(Defendant) is coming for you, better lock your down (sic) I‘m going to kill you, I can taste the blood, and I’m going to lay all three of you, film it and send it to the world.’

‘I’ll make sure I slice your throat over your deadbeat dad’s grave.’

‘You will suffer dog’

‘What‘s your mom’s number, so I can tell her I’m gonna cut your face off, wrap it around my cock, use it as a condom, and f--k her and give her a rape baby.’

The 26-year-old appeared in custody before the Kingaroy Magistrate’s Court on January 4, 2021, to make an application for bail. File Photo.
The 26-year-old appeared in custody before the Kingaroy Magistrate’s Court on January 4, 2021, to make an application for bail. File Photo.

The court was told the 26-year-old has prior convictions for breaching bail as well as previous convictions for contravening a domestic violence order.

At the time of the offending, the defendant was on probation for “similar offending” as well as having a 12-month suspended sentence hanging over his head.

Police prosecutor sergeant Pepe Gangemi told the court the defendant was arrested following a series of worrying phone calls made to Triple-Zero.

“Police went to a … address. Prior to leaving the address the defendant contacted triple zero, stating on multiple occasions that he would kill the aggrieved and the child,” he said.

“The defendant told the triple-0 call taker that they ‘needed to send an army because everyone was going to be killed’.

“That triggered an urgent response from … police and Queensland Ambulance because of the nature of the threats.”

Sgt Gangemi said while officers were speaking to the defendant’s mother in Nanango, they observed a vehicle make a sudden U-turn and drive off. This vehicle was intercepted and the defendant was detained.

“Throughout the conversation with police on multiple occasions he said to the police that if he went down to the aggrieved, he would have ‘knocked them off’,” he said.

“He said, ‘If I can‘t have my kid then no one can’.

“Your Honour, he has followed that up … with continued threats and significant threats of personal harm to the family again.”

Solicitor Jay Rose represented the 26-year-old during his application for bail, noting he was in a show cause situation.

“These allegations in respect of the contraventions, some will be disputed, and briefs will be required on all three,” Ms Rose said.

“They don’t involve actual violence, although I note that the threats are extreme in the messages.”

She told the court the defendant has a “chronic and severe alcohol use problem”, which he was seeking help with by staying with his brother in Nanango.

“(His brother) is willing to have him should Your Honour be willing to grant bail,” she said.

“On his instructions he has no idea of the whereabouts of the aggrieved and has no intention of making any contact with her, except for the purposes of, through legal channels, for contact with his daughter - however that may be facilitated in the future.”

Police opposed bail, with Sgt Gangemi noting previous attempts to stop the accused’s behaviour had failed.

“He is on a suspended sentence which hasn’t slowed down his offending behaviour. He is also on probation for the same ilk of offences – that has not slowed down his offending,” Sgt Gangemi said.

“If the protection order, the probation order and a suspended sentence cannot curb this defendant’s behaviour, then there are no further conditions the court could impose that would ameliorate the unacceptable risk that he presents with.

“I would submit that he hasn’t shown cause and that he is an unacceptable risk.”

Magistrate Andrew Sinclair agreed and denied the bail application, with the case to return to court on March 1.

 

 

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