A Ballarat man accused of stalking his former partner, breaking into her home and persistently breaching an intervention order by calling her more than 6500 times has been refused bail.
Justin Blaby, 40, applied for bail in the Ballarat Magistrates Court on Friday arguing there were exceptional circumstances for his bail.
But police prosecutor Senior Constable Ben Jones said police opposed bail because exceptional circumstances were not met, Blaby was an unacceptable risk of endangering the safety of the public while on bail and interfering with witnesses.
Police informant Detective Senior Constable Christopher Brown from the Ballarat Family Violence Investigation Unit said Blaby contacted his former partner more than 6500 times on her mobile phone since February, including 555 times on one day in October.
He told the court the accused attended the complainant's Sebastopol home in June and gained entry through the back door, knocking her mobile phone out of her hand when inside.
He said on another occasion Blaby entered the home and stole personal items from the complainant's bedside drawers.
Police allege the accused entered his former partner's home a third time and followed her around the house before leaving.
Detective Senior Constable Brown told the court the complainant said at the time: "this is never going to end, the only way for me to escape is to die".
He said posts Blaby allegedly made on Facebook in October referring to his former partner were also in breach of the intervention order.
Blaby was arrested on October 9.
Detective Senior Constable Brown said analysis of Blaby's mobile phone showed he had frequently messaged people who he had asked to monitor his former partner and provide information when she was returning and leaving her home.
"The complainant and police are extremely fearful for the safety of the complainant. We fear she will be hurt or killed if he gets bail," Detective Senior Constable Brown said.
We fear she will be hurt or killed if he gets bail....She is petrified.Detective Senior Constable Christopher Brown
"Police don't think there is any condition of bail that would ensure the safety of the complainant... I spoke to the victim this morning. She is petrified."
A multi-agency response with police and family violence organisations is currently in place to support the complainant.
Defence barrister Anthony Grant argued Blaby's concerns for the welfare of his child and health issues were exceptional circumstances for bail.
He also told the court Blaby owned his own home, has two children who would live with him if he were to be bailed, has employment available and argued police evidence of the aggravated burglary and stalking charges was 'scarce'.
"When it comes to risk, the complainant has moved out of Ballarat. My client has said he has no intention of making contact with her other than through legal representatives," Mr Grant said.
Magistrate Ron Saines said he opposed Blaby's application for bail as the factors presented by the defence did not meet exceptional circumstances.
"It is noteworthy at present the accused has deeper issues with patterns of control and coercion in conduct of family violence," Mr Saines said.
The risks are unacceptable.Magistrate Ron Saines
He noted while the accused may have the opportunity of employment and residential arrangements, there was no direct evidence of this provided to the court.
He also noted no evidence was provided of the accused's health problems and that health issues could be addressed in the prison system.
"I am not satisfied there would be any conditions that would deter or prevent the accused from seeking to pursue any agenda he has or had," Mr Saines said.
"The risks are unacceptable."
Blaby's charges include persistently breaching an intervention order, stalking and aggravated burglary.
Blaby is expected to reappear in court next week.
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