Accused police kicker back in custody after bail breach wants to be free again

A YOUNG thug accused of kicking a policeman in the head will remain behind bars after a “clear” breach of his bail conditions, but the case’s magistrate maintains the initial call to let him free was a “textbook decision”.

A YOUNG thug accused of kicking a policeman’s head like a soccer ball while on probation has been refused a second chance at freedom.

The 17-year-old boy bowed his head as Magistrate Peter Dotchin told him he had blown his chance on bail and would remain locked up.

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Mr Dotchin said having a mobile phone a day after he was told he could not was a “clear” breach of his bail conditions.

“There’s been no satisfactory reason for him having a phone,” Mr Dotchin said.

A police informant had earlier told the court how the boy was caught with a mobile phone on Wednesday — a day after Magistrate Michelle Hodgson controversially released him on bail with a condition he does not have access to a phone.

A police informant told the court the boy had breached his bail a day after being released by arriving at an appointment with his youth justice case worker with a mobile phone.

Ms Hodgson had given him strict instructions that he was to have no access to a phone.

The informant said the case worker wrote in her notes the teen was “angry and frustrated” when she raised with him that he shouldn’t be using a phone.

“He said the magistrate’s decision was dumb and he didn’t understand why he couldn’t have a phone,” the detective said.

“These conditions had been explained to him (the day before). He agreed to them.

“He was warned by the magistrate if he breached them he would find himself back in custody.”

The informant alleged the youth had ran in and kicked the policeman while he was on all fours “in what was akin to a soccer kick”.

He said the injured police officer was “physically upset” when he heard the boy had been cut loose by Ms Hodgson on Tuesday.

“He feels let down by this decision,” the informant told the court, adding that the officer also felt it meant that his law enforcement work was not appreciated..

Ms Hodgson has been criticised for her decision to release the teen, despite strong opposition by police.

But Mr Dotchin today was quick to defend his colleague’s decision.

“It’s a textbook decision in my opinion,” Mr Dotchin said.

The boy will return to court on January 18.

The boy’s lawyer had argued that locking him up would be detrimental to his schooling as he was enrolled to start his VCE on January 31.

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He said while all breaches are serious, having a mobile phone was on the lower scale, adding the teen had not failed to show up at appointments; was not found at Highpoint Shopping Centre, and had not gone on to commit further crimes.

Youth Justice, who in Tuesday’s bail application was “sitting on the fence” as to if the teen should be bailed, today opposed him being released.

The 17-year-old’s lawyer told Mr Dotchin this morning that he needed more time for discussions with Youth Justice before the application could proceed.

In a brief hearing that lasted no more than a minute, the prosecution said it would be applying to revoke the teen’s bail.

His lawyer quickly said they would be opposing that.

The teen’s family gathered in the court to support him.

The Herald Sun today revealed the teen was caught with a mobile phone — against a magistrate’s orders — just two days after he was controversially freed.

The young policeman was kicked in the head at Highpoint shopping centre, Maribyrnong, while he was helping to arrest a shoplifter on Boxing Day.

A transcript of Tuesday’s bail hearing, released to the Herald Sun, reveals prosecutors strongly opposed bail, saying the boy was remorseless and they feared he would continue to attack police officers, commit further offences, and be a risk to the public.

But in dismissing police opposition to the teen’s release, magistrate Michelle Hodgson accepted evidence from the youth’s mother on his behalf, and said the police had failed to establish that he posed an unacceptable risk to the public.

The prosecutor told the Children’s Court: “There are concerns he will commit further offences if he is placed on bail, and will continue to endanger the welfare and safety of the public. Your Honour will note (he) has been on probation since July last year.

“This is a significant escalation in his offending … Your Honour saw evidence that the police officer was on his knees, if not all fours, assisting an arrest of another person.

“(He was attacked) as a result of him being incapable of him being able to defend himself, and your Honour saw it was a direct attack on him.”

She said police feared the youth would continue to attack police if released.

“Police have put evidence before you that there is a fear of further retribution on police members due to the opinions (expressed by the youth).

“Your Honour has also heard information that his attitude has not been positive. He’s not made any admissions. There is no evidence of remorse,” she said.

In her ruling, Ms Hodgson said: “It’s been submitted that you are an obedient son and a good student, or a student that attends school regularly.

“There’s always going to be a risk in relation to you, but it’s not been established that it is an unacceptable level of risk in relation to reoffending or to the safety and welfare of members of the public.”

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She ordered the teen to live with his mother.

He was ordered not to associate with a co-offender, not to be in possession of a smartphone or use social media, and not to attend Highpoint.

He was also ordered to attend an appointment with youth justice, and to supply a DNA sample.

Ms Hodgson warned the youth if he did not comply with the “strict” bail conditions he would go back to detention.

“You’re very well supported by your family. Don’t disappoint them or your community,” she said.

After granting bail, Ms Hodgson said: “I do have concerns in relation to young people who are on bail for extended periods.”

But she refused a prosecution request for a curfew.

“The evidence is it (offending) has occurred through daylight, and your (police) informant doesn’t believe it’s going to mitigate risk. And his mother says he’s home at 10pm every night,” she said.

“There is just no basis for imposing a curfew on him at this stage.”

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