Michael David Smith, 46, and Jay Gordon Mitchell, 42, charged with extensive break-in spree
Two men accused by police of masterminding an alleged break-in spree across the bayside and city at seven businesses have faced court, with one reacting violently after bail was denied.
Redlands Coast
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A bayside magistrate has attempted to “drive a wedge” between two men accused by police of allegedly planning and executing an extensive break-in spree across three days and multiple suburbs, a court has heard.
Birkdale’s Michael David Smith, 46, slammed his head repeatedly into a table and shoulder-charged his holding cell wall when he had his bail denied at his Cleveland Magistrates Court appearance on Tuesday.
His co-accused and friend Jay Gordon Mitchell, 42, of Wellington Point, agreed to wear a tracking device and abide by a curfew in order to be granted bail.
Both men faced multiple charges each of entering premises and committing indictable offences; enter premises with intent and attempted enter premises with intent to commit an indictable offence.
Police will allege the pair was arrested at Mr Smith’s home, where distinctive clothing that had been worn during their alleged caper and break-in tools were found, the court heard.
The clothes, tools and Mr Smith’s father’s “distinctive vehicle” were all allegedly matched through CCTV footage, the court was told.
The men allegedly broke into and attempted to break into a string of businesses by variously using tools and, by working in tandem, pulling and using their feet to manipulate security doors to gain access.
Mr Smith had previously been sentenced for a solo attempted break-in at Victoria Point shops but couldn't manage it by himself, according to the prosecution.
Businesses allegedly targeted between March 19–21 included Coco Bliss and another business at Carindale Westfield Shopping Centre, the Belmont Tavern, JP Walker Construction, Whisky Business in Capalaba, and 2 Shots Espresso and Fruit World in Alexandra Hills.
The pair allegedly stole a cash register with $1500 in cash, an iPad, food and an “unknown amount of money”.
Both men, the court was told, had extensive relevant criminal history driven by drug offending, with Mr Smith having a 12 page history and Mr Mitchell nine pages.
Magistrate Deborah Vasta heard from a probation officer that Mr Mitchell had performed “fantastically” and only “failed to appear a few times” on his recent intensive corrections order served in the community.
Defence solicitor Sarah Churches-Kennedy said Mr Mitchell worked full-time, but could not provide confirmation of the employment.
Mr Mitchell’s bail was strongly objected to by the prosecution.
“It is not just a plot set by Michael Smith, it is set by both of them,” a police prosecutor said.
“The difference is, he (Mr Mitchell) is on the back-end of an order where he should have known better by now.
“That makes his offending more prolific – that after all that intervention from the community – he continues to offend.”
But it was enough for Ms Vasta, who acknowledged it as a strong case against both men.
“I reckon Smith has roped him in. He (Mr Mitchell) has such a good report card (from probation),” she said.
Mr Smith had his bail denied and was remanded to custody until his next scheduled court appearance on April 12.
Mr Mitchell was granted bail on condition that he wear a tracking device and abide by a 5am to 9pm curfew for work.
Ms Vasta said she sought to “drive a wedge” between the two men so that Mr Mitchell could maintain his work and attempt to rehabilitate.
“I think Michael Smith is a ball-and-chain on your ankle,” Ms Vasta said.
“I don’t know that you were the (alleged) mastermind.
“You appeal to me more as a follower than a leader.
“You are very, very lucky to be granted bail.”
Mr Mitchell is next due at court on April 19.