Mackay father Dale Justin Fagg charged with stalking, burglary

A budding Mackay real estate agent has fronted court accused of stalking a former partner including creeping into her home while she was asleep. DETAILS

A Mackay father is charged with stalking and burglary against the mother of his son.

A budding real estate agent who is accused of allegedly stalking a former partner, including creeping into her home while she was asleep was remanded in custody after he was deemed too risky to be released on bail.

Mackay father Dale Justin Fagg, who has a son with the woman, is facing charges of stalking, burglary and breaching bail.

Mackay Magistrates Court heard the burglary allegation involved Mr Fagg going to the woman’s home about 2.10pm on July 7 and knocking on the front door.

The court heard she had been sleeping and it was alleged Mr Fagg went to the backyard and entered the home via the back sliding doors, and went to her bedroom waking her.

It is alleged he opened the bedroom door before leaving the home.

The court heard police allege the 35-year-old had been on bail for seven days for the burglary and stalking offences when he tried to find out where his former partner lived and other information by calling her work.

“That’s stalking behaviour, that’s really quite serious and he’s facing a stalking charge,” Magistrate Bronwyn Hartigan said, adding if Mr Fagg had just been intending to ask something about their son he could have called or texted the woman.

Defence solicitor Daniel Lane, of Wallace and Wallace, said he accepted there was a risk if his client was granted bail but argued any risk could be mitigated through strict conditions including an ankle monitoring device with exclusion zones.

Mr Lane said there were no allegations of violence.

Mr Lane said his client lived alone, was unemployed but had been seeking employment as a real estate agent and had an offer.

Mackay father Dale Justin Fagg, who has a son with the woman, is facing charges of stalking, burglary and breaching bail.

The court heard Mr Fagg had suffered a traumatic brain injury in 2021 and has had regular appointments with Mackay Mental Health Unit.

The court heard he has been diagnosed with schizophrenia, depressive-type schizoaffective disorder and substance induced psychotic disorder.

Prosecutor Ruth Whisker, who opposed bail on behalf of the QPS, argued Mr Fagg’s mental health would not be adversely affected if he was remanded in custody as there was scope to maintain any treatment.

The court heard it was an escalation in alleged offending by trying to contact her workplace.

The court heard the stalking charge would need to be dealt with in the district court and Ms Hartigan said it was likely the burglary charge would result in an actual jail term if Mr Fagg was convicted.

Ms Hartigan said Mr Fagg was in a show cause position meaning there was no presumption of bail.

There was no failing to appear on his history but Ms Hartigan said the concerns were a risk of committing further offences and endangering the safety of the woman “especially against a backdrop of allegations of entering her house without permission and approaching her bedroom and opening the door”.

“I consider him now an extreme risk,” Ms Hartigan said.

“There are no conditions … that can ameliorate the risk in this matter”.

Bail was refused and the matter was adjourned to November 2.

Originally published as Mackay father Dale Justin Fagg charged with stalking, burglary