A 'shirtless fugitive' who eluded police on seven separate occasions last year finally came unstuck in Delacombe, where two police were badly injured in an effort to detain him.
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One police officer suffered a broken arm and finger while another officer suffered a broken arm during the arrest in August 2019, a court heard.
Nicholas Lee, 31, is facing multiple charges including driving a car at an emergency worker, causing damage to an emergency service vehicle, stealing cars and dangerous driving.
He applied for bail at the Ballarat Magistrates' Court on Tuesday, under new facts and circumstances. He was previously denied bail by the same magistrate in November 2019.
Magistrate Ron Saines said the offending was "so audacious and so persistent that no sentence other than imprisonment would be appropriate".
Lee made the bail application after his committal hearing was adjourned on Tuesday morning when a key witness did not attend court.
Prosecution barrister Livingstone Clark said bail was opposed because Lee was an unacceptable risk of failing to answer bail, committing further offending and failing to comply with bail conditions.
The court heard Lee had allegedly repeatedly avoided police between April 2019, when he allegedly rammed a police car, and August 2019, when he was caught after a large-scale manhunt.
The judgement of the court in November last year was the offending was so audacious and so persistent that no sentence other than imprisonment would be appropriate.
- Magistrate Ron Saines
Police informant Senior Constable Paul Fiddaman said Lee was a recidivist offender who targeted vehicles.
The court heard Lee allegedly stole a car in April 2019 and when police arrived at the property where it was located, he reversed from a car port at high speed and hit a police vehicle.
Senior Constable Fiddaman said police had forensically linked Lee to a number of other vehicle thefts.
The court heard Lee allegedly ran from police in May when they found him at a victim's shed.
It is alleged on another occasion in July, Lee got out of a parked stolen car when police approached and escaped after an extensive foot chase.
The court heard on August 1, 2019, Lee allegedly drove a car out of a property where police had blocked the exit, causing police to move out of his path in fear of being hit.
On August 2, 2019, it is alleged Lee ran from a stolen car after police saw him driving into the Bunnings Ballarat car park.
The court heard Lee allegedly climbed onto the roof of a building behind Bunnings, ran beside the railway line and into a drain, avoiding apprehension.
He sped away from police a number of times after being sighted allegedly driving stolen cars during the next few days.
The court heard police caught and arrested Lee on August 15, 2019, after he was found at an associate's Delacombe address.
Senior Constable Fiddaman said Lee allegedly jumped over fences and onto rooftops to escape police, but he was caught while attempting to jump a fence.
The court heard one police officer suffered a broken arm and finger while another officer suffered a broken arm and Lee was also injured because he resisted arrest.
"The accused is a serious risk to the public and there is a significant risk of him committing further offences," Senior Constable Fiddaman said.
"He has shown he will do anything in his power to avoid apprehension."
The court heard Lee has 23 pages of prior criminal history and was released from jail less than a month before he began allegedly re-offending.
Defence barrister Nadia Kaddeche submitted drugs had 'plagued' Lee and he should be released on bail to be able to take up an opportunity of residential drug rehabilitation.
The court heard from an addiction counsellor at Shepparton not-for-profit The Cottage, who gave evidence Lee would be closely monitored and supervised in a structured environment at the rehabilitation centre.
Ms Kaddeche said Lee had not had an opportunity to attend residential drug rehabilitation before and this was an opportunity for him to engage in a minimum six month program.
"He has an extremely supportive family. His mother has organisation rehabilitation for him and paid $5500 for the program. She has indicated she will make a $10,000 surety," she said.
Ms Kaddeche said Lee had completed a number of courses in custody that showed he was open to dealing with his issues and engaging in this opportunity for support.
She also said there were excessive weaknesses in the prosecution case and the risk was acceptable with conditions in place.
Senior Constable Fiddaman said no bail conditions would alleviate his concerns Lee would re-offend and fail to answer bail.
Magistrate Ron Sanies said he did not agree with the defence assertion the prosecution case was 'weak'.
"It appears to me he is likely to be found guilty of multiple driving and dishonesty offences," he said.
"It is highly likely a substantial term of imprisonment will be imposed... that would be measured in years."
Lee was refused bail.
"The judgement of the court in November last year was the offending was so audacious and so persistent that no sentence other than imprisonment would be appropriate," Mr Saines said.
"The judgment was also prior convictions of failing to answer bail and non-compliance with court orders was such that no bail conditions could be imposed to reduce the risk.
"In my judgement, the new facts and circumstances identified today do not alter that assessment."
Mr Saines said while family support was in place, it had not been able to assist in slowing the rate of offending or to persuade him to hand himself into police.
He said the risks of re-offending remained unacceptable.
Lee has been in custody since he was remanded on August 15, 2019. He will return to court for a contest mention on March 11.
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