Steven Mikael bailed because of COVID-19 delays on courts
An ex-bouncer who allegedly tried to carjack someone with a metal bar in Meadow Heights is out on bail. Police have insisted he’s an unacceptable risk to public safety, but COVID-19 has worked in the man’s favour.
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An ex-bouncer who allegedly tried to carjack someone with a metal bar then smashed up a car is out on bail, despite police insisting he’s an unacceptable risk to public safety.
Steven Mikael has an extensive history of violence, the Supreme Court has heard.
But a judge has refused to overturn a March decision to release the 38-year-old on bail due to the delays COVID-19 is imposing on the court system.
The Director of Public Prosecution’s push to have the call reversed was rejected before the Supreme Court on
August 12.
The court heard Mikael allegedly stopped his car in front of another car on Malmsbury Drive, Meadow Heights, about 1.40am on November 15, 2018, and walked up to the man in the driver seat.
Mikael allegedly raised a metal bar over his head, demanding the man get out of the car.
The man wound down his window and Mikael allegedly leaned in and tried to grab the car keys, before the man pushed Mikael’s head out and drove away.
A witness allegedly then saw Mikael smash the front and rear windows of another car in the street with the metal bar.
Mikael had only been granted bail for allegedly breaching a Personal Safety Intervention Order two days before.
The court heard he had been in jail since November 2018 when he was released on bail on March 26, after all jury trials were suspended due to the COVID-19 pandemic on March 16.
Mikael’s trial had been scheduled for September.
Mikael’s lawyer argued the uncertainty of proceedings meant Mikael could spend up to three years on remand if not granted bail, which could be more than a sentence if he was found guilty.
The lawyer said Mikael could live with his mother and brother and receive ongoing treatment for his drug and alcohol issues on bail.
The prosecution argued Mikael’s history meant the delay would be unlikely to exceed a sentence Mikael could receive, and said he was an unacceptable risk of endangering the safety and welfare of any person, committing an offence on bail and failing to appear on bail.
The prosecution told the court he had a significant history of violence and argued he would be unable to comply with court orders or remain out of custody for any meaningful period of time. But the judge found the issue of delay was most significant, and noted remand was more onerous due to the pandemic, saying the risks could be managed with stringent bail conditions.
When Judge John Champion recently reviewed this decision at the prosecution’s request, he ruled he was not satisfied that a different order should have been made, meaning Mikael will remain on bail.
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