Ali Mustapha makes bail bid for domestic violence, resist police charges
A young tradie allegedly drove erratically behind his girlfriend before he smashed her car windows injuring himself and her all before violently resisting arrest, a court has heard.
St George Shire Standard
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A young tradie’s alleged behaviour of smashing his girlfriend’s car windows with his hands before he resisted arrest has been labelled as “uncontrollable, violent and destructive”.
Ali Mustapha, 19, was charged with multiple domestic violence offences following his arrest on Saturday.
The Hurstville teen did not appear in Sutherland Local Court on Tuesday because he was undergoing surgery on his hand, but his lawyer George Thomas made a bail application on his behalf.
Police allege Mustapha and his 22-year-old girlfriend began arguing while driving through Penshurst about 9pm on Saturday.
She left the car; however, police allege Mustapha used his ute to stop her from driving away in her own car.
The court heard Mustapha followed his girlfriend and was swerving across the road, forcing her to take evasive manoeuvres.
When they stopped, Mustapha allegedly began smashing the car windows with his hands, during which he injured his hand.
The court heard Mustapha then got a tool from his car and allegedly smashed the windows, with the glass causing lacerations and nicks to the woman’s body and face.
The court heard a witness filmed the incident and Mustapha allegedly fled the scene before police arrived.
The court heard Mustapha then went home, showered, cleaned up his car and was confronted by police, where he “completely lost control of himself”.
A video was played to the court of the arrest in which Mustapha allegedly refused to be put on the ground, with multiple police officers needed to restrain him while others repeatedly told Mustapha’s mother to calm down because she was yelling at them.
Police will allege Mustapha resisted arrest, needed to be pepper sprayed and assaulted a police officer who was trying to restrain him.
Police further allege Mustapha tried to escape custody when he allegedly ran into a person’s property before he was restrained.
Mustapha was taken to St George Hospital for treatment for his hand injury.
A police officer was also taken to the same hospital to be checked as a precaution after hitting his head upon falling backwards onto concrete during the arrest.
Mustapha was charged with eight offences including intimidation, predatory driving, damage property, assault occasioning actual bodily harm related to the woman.
He was also charged with hinder a resist police officer, assault police officer in execution of duty causing actual bodily harm, escape police custody and enter enclosed land.
The officer was released from hospital after observation and returned to full duties.
Mr Thomas submitted his client could have an undiagnosed disorder which could explain his actions, and needed to be released on bail to attend a psychiatrist to be properly diagnosed and medicated if required.
He acknowledged the alleged incident appeared to be “derailed by logic and control” and could have been “some kind of schizophrenic or manic” episode that needed to be addressed.
The lawyer said Mustapha came from a “loving, caring family” who were aware of his mental health issues and had been in a “happy and healthy” relationship with the alleged victim for a year.
Mr Thomas submitted, if released to bail, Mustapha could live at home with his parents and only be allowed out in their company.
He submitted Mustapha could abide by strict conditions including not going on social media, the internet and one having one phone so he would not be “distracted” and could address his mental health.
The police prosecutor opposed bail noting the allegations were very serious and his prior mental health treatment appeared to not be effective.
Magistrate Jillian Kiely said the alleged behaviour appeared “illogical or unexpected and was completely and utterly uncontrollable, violent and destructive”.
She said the alleged actions towards the woman were “very serious examples of domestic violence” and “showed violent, threatening behaviour”.
Ms Kiely noted Mustapha’s alleged behaviour was violent when he was confronted by police.
She took into account Mustapha’s age, strong ties to the community, and lack of criminal record but due to the level of violence, she was not satisfied conditions would mitigate the risk and bail was refused.
The case was adjourned to February 28.