'Among the worst': Air wing followed alleged dangerous driver for two hours

A magistrate is considering giving accused man Ricky Stewart, 25, a chance on bail after an application was heard at court on Tuesday.

Defence barrister Daniel McGlone has been given more time to see if Stewart can undergo a drug and alcohol assessment and secure a place in a residential drug rehabilitation facility.

Police informant Senior Constable Christopher Ford said he was performing patrol duties on the Western Freeway in Bacchus Marsh on December 23 when he saw Stewart allegedly driving in the left hand emergency lane to overtake traffic at 120km/h.

Stewart allegedly failed to stop when police activated their lights and sirens and continued driving at speeds up to 180km/h in a 110km/h zone and using the emergency lane to overtake.

Police stopped the pursuit near the Ballan service station at 3.30pm when the police air wing took up surveillance of Stewart's car.

Senior Constable Ford said Stewart allegedly continued driving at high speeds, on the wrong side of the road, overtaking traffic and driving on footpaths around Ballarat while being followed by the air wing until he was arrested about 5.20pm.

The court heard Stewart was unlicensed at the time, was in a stolen car with stolen registration plates, failed to pay for fuel and had two passengers in the car.

"The dangerous driving was still occurring after the pursuit ended in excess of two hours while two other passengers were in the car," Senior Constable Ford said.

"I have been a member of the highway patrol for seven years. This is among the worst examples of driving I have seen.

"He was using the wrong side of the road, driving on footpaths, overtaking on double lines while the air wing was over him."

Mr McGlone said Stewart was refused bail in January due to unacceptable risks, but the magistrate acknowledged compelling reasons had been shown.

He said this was because Stewart was young, Aboriginal, had mental health issues and an acquired brain injury.

Mr McGlone said Stewart had a long standing and entrenched drug problem.

The court heard he had been released after spending three years in prison in November 2019 without any support in the community.

Mr McGlone said stress associated with a relationship breakdown with the mother of his child and his mother suffering a stroke led him back to drug use.

He said Stewart contacted his previous support workers wanting to undergo rehabilitation, but it never eventuated.

Mr McGlone said Stewart could be released on bail with the Court Integrated Services Program offering drug and alcohol assistance and mental health treatment, and be bailed to his mother's address where he could help provide care.

"Mr Stewart is looking at a significant term of imprisonment but this is going to be a revolving door unless there is a circuit breaker," he said.

"He understands this is a chance for him to get some runs on the board to show he is a vehicle for rehabilitation."

Mr McGlone said the plan was for Stewart to get into a residential drug rehabilitation program, but he needed to undergo an assessment first and this could not happen in custody.

Police prosecutor Senior Constable Jack Fletcher said it was 'horrific driving' without any allegation of drug use in the charges.

"The defence has come in and said he has a major drug problem. In my submission that is accentuating the risk.

"A prolonged jail term is a most likely outcome."

Magistrate Letizia Torres adjourned the bail application.

"On one hand this is extremely serious offending, the prosecution case is strong and he would get a significant jail term," she said.

"On the other hand he is a young man, an Aboriginal man who hasn't had any disposition involving treatment since 2016.

"Really I would like to see him go directly from custody to rehabilitation... I can see this is a man who can be managed in the community and the risks can be managed with the right things in place.

"But I am not quite over unacceptable risk today.

"It would be really good if you could take up this opportunity of residential rehab. You have got to find a way to manage the ups and downs of life without drug use. The sooner you do that the better.

"I am not persuaded to bail you right now but you have things working towards that."

Stewart will return to court in February.

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