A 46-year-old man accused of smashing a unit's windows and assaulting another man with a claw hammer in a brazen attack in broad daylight has been released on bail.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Trevor Rosendale told police the reason for the alleged attack at a Mount Pleasant unit on August 30 at 5.20pm was retribution for an alleged sexual assault on a child.
Police said Rosendale sought out the victim in the brazen incident, which involved weapons.
Rosendale's co-accused allegedly used a baseball bat during the attack while Rosendale allegedly armed himself with an orange claw hammer.
Rosendale, who was charged with assault with a weapon, affray and threatening to kill, applied to be released on bail at the online Ballarat Magistrates' Court on Wednesday.
Police prosecutor Acting Sergeant Simon Pearce said the pair attended the Mount Pleasant address where the two victims lived in separate units.
He said Rosendale and the co-accused smashed one of the unit's windows and car windows of a Renault sedan.
Rosendale then allegedly said to one of the victim's, "come on, let's fight, I am going to kill you".
Acting Sergeant Pearce said the pair assaulted one of the victim's several times, causing injuries to his arms, while the second victim phoned the police.
He said police arrived and tried to stop Rosendale and the co-accused from fleeing in their vehicle but they got away.
The alleged attack was caught on CCTV and the pair were quickly identified. Rosendale was arrested at his Maryborough home, where police located the clothes he allegedly wore and the claw hammer.
The co-accused was arrested at a Redan address, with police finding the clothing he allegedly wore and the baseball bat.
"There was a significant amount of damage. It was a brazen attack in broad daylight.
- Acting Sergeant Simon Pearce
He said police opposed Rosendale's bail because he was an unacceptable risk of re-offending in respect to retribution and endangering the public's safety.
"Police believe he will continue to re-offend if released," Acting Sergeant Pearce said.
"It's in the accused's nature to offend with weapons."
Defence lawyer David Tamanika said there were bail conditions to reduce police concerns.
He said Rosendale lived one hour from the alleged victim's house in Maryborough with his wife who was his supporter, he could be excluded from Ballarat, be supervised and could offer a $1000 surety.
Mr Tamanika said Rosendale would be vulnerable in custody because he suffered from epilepsy, an acquired brain injury, autism, a kidney condition and anxiety.
"He is easily subject to abuse or manipulation," Mr Tamanika said
The court was told Rosendale's co-accused was given bail.
Magistrate Letizia Torres said she agreed with the prosecution the alleged attack was brazen and it occurred while Rosendale was on bail for allegedly breaching a family violence order.
But she said the father had no prior offences for violence in the community since 2011, he was married and his wife was his support person, he had a family home in Maryborough and he had health conditions.
Rosendale was assessed suitable for the Court Integrated Court Services Program.
The magistrate agreed Rosendale was considered vulnerable in custody.
"I found a compelling reason and I believe a condition can be put in place," Ms Torres said.
Rosendale was granted bail with conditions he live at Maryborough, not return to Ballarat unless for an appointment and not to associate with the co-accused.
He spent 37 days in custody before being bailed on Wednesday.
If you are seeing this message you are a loyal digital subscriber to The Courier, as we made this story available only to subscribers. Thank you very much for your support and allowing us to continue telling Ballarat's story. We appreciate your support of journalism in our great city.