Two Victorian men charged with illegally crossing into SA are granted bail – but only after magistrate is given assurances
Two men who allegedly crossed the border by hiding between two trucks have been bailed – but only after a magistrate expressed strong concerns about the potential for a “COVID-19 disaster” in SA.
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South Australia is “one step away from killing someone” in a “COVID-19 disaster” if it fails to close the “floodgates” on Victorians illegally crossing the border, a magistrate says.
On Tuesday, Gagan Gola and Lovnish Mediratta faced the Adelaide Magistrates Court charged with failing to comply with anti-pandemic directions.
The duo, who allegedly crossed the border by driving between two trucks, are the eighth and ninth people charged with the offence since SA’s border with Victoria closed earlier in July.
Unlike their predecessors, however, the duo told the Adelaide Magistrates Court they intended to contest the charges rather than pay a fine, insisting they had “a reasonable excuse”.
Their counsel and SA Police prosecutors told the court the duo should be bailed to return to Victoria, pending a further court hearing at a later date.
Magistrate Koula Kossiavelos, however, said she would not grant bail until police explained how the duo would get home without placing South Australians at risk.
“I need to know exactly how these men are going to be released so that I’m sure I’m not putting the public in any danger,” she said.
“I’m asking these questions because this is a public health risk issue and we are facing a potential COVID-19 disaster in South Australia.
“You might be saying bail can be granted by consent but the buck stops with me, I’m the person releasing them. I need to know how they will be released, and the public needs to know as well.”
Ms Kossiavelos said general deterrence “comes number one here”, reminding counsel the laws “were put in place to protect the public health”.
“Right now, we’re looking at a floodgate where people could be coming in, committing this offence and not coming back again (to face court),” she said.
“When the public health is jeopardised – in this case, by COVID-19 – we are one step away from killing someone if we don’t look after the law and make sure it’s in effect properly.”
Gola, 35, of Wollert, and Mediratta, 44, of Craigieburn, have yet to plead to one count each of failing to comply with a direction.
Police allege their Victorian-registered Mazda SUV drove through a border checkpoint on the Dukes Highway at Wolseley, near Bordertown, just after 9.30pm on Monday.
Gola and Mediratta allegedly positioned their car so it was hiding between two trucks before they drove off towards Keith.
Police patrols found the pair in the SUV on the South Eastern Freeway at Mount Barker just after 1am on Tuesday.
Police say they were non-essential travellers and were not pre-approved to enter SA.
On Tuesday, counsel for Gola called the case “unusual”, and said her client had a reasonable excuse for failing to follow the direction.
She said he and Mediratta had applied to cross the border to take a load of goods to Roxby Downs but had yet to hear back on their application.
She said Gola assumed police would stop them at the border and speak to them, however they continued driving because they “did not see the checkpoint”.
She asked Gola be released on bail and police prosecutors did not oppose that, noting he was facing a maximum fine and not jail time for the alleged offence.
However, Ms Kossiavelos said she was extremely concerned the release of either man exposed the public to potential infection.
She asked how they would be conveyed back to Victoria, but the prosecutor said he could not provide that information.
He said all such decisions were made by SA Police’s COVID-19 management team.
Ms Kossiavelos suggested he leave court and call them, saying she was not prepared for either of the cases to processed until she had that information.
Following an adjournment, prosecutors said that, upon receiving bail, the pair would be taken into the custody of SA Health and SA Police.
They would then be placed in a minivan and driven back to the Victorian border, under police escort at all times.
Ms Kossiavelos released the men on $2000 bail, ordering they also surrender $2000 cash to the court to ensure they would answer the charges.
They will face court again, by phone, in September.
Their arrest comes as new laws go before parliament today which would see anyone crossing the SA border in breach of COVID-19 restrictions face up to two years’ imprisonment.
But both the Attorney-General and Police Commissioner say the harsh penalty would not have applied to the people who have committed the offence so far.
The new bill would up the maximum penalty from a $20,000 fine to two years’ jail.
The move came after the Opposition called for two-year terms, and Commissioner Grant Stevens said he would support the move.
The latest breach in COVID-19 restrictions comes less than 24 hours after three other Victorians were fined for entering SA under the guise one of them needed urgent medial attention.
They were fined a combined $10,200 for breaking the rules – and driven back to Victoria under police guard.
On Sunday, Elissa Griffiths, her brother Matthew and their friend, Thomas Forster, were caught trying to escape police at Mawson Lakes after entering SA a day earlier.
In SA’s first border breach, four Victorian stowaways were arrested at the city’s freight terminal on a Perth-bound train from Victoria last Tuesday.
Alexander Moore, 22, Sam Gledhill, 26, Nicholas Batty, 29 and Jacob Todd, 29, all of no fixed address, faced the Adelaide Magistrates Court and were released from police custody on good behaviour bonds.
They flew back to Melbourne on Thursday night.