Two men charged with an aggravated burglary in Mount Helen are arguing at court they should be discharged.
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Michael Anthony Dawson, 31, and Matthew William McLean, 28, faced the Ballarat Magistrates' Court on Tuesday for a committal hearing.
Three police officers and one civilian witness gave evidence and the accused's defence lawyers submitted there was not enough evidence for a number of charges to go to trial.
Dawson and McLean are charged with trespassing into a Mount Helen home in December 2019 with intent to assault and steal, while holding a glass bottle.
They are charged with intentionally causing injury, robbing the victim of his keys, stealing his ute and assaulting an emergency worker on duty.
It is a matter for the jury. In my submission the evidence is there to convict the accused.
- Crown prosecutor Temple Saville
McLean is charged with driving in the vicinity of two police officers in a stolen car, intending to expose them to risk and throwing objects at a police car.
He is also charged with driving dangerously while pursued by police.
Police allege Dawson, McLean and two others parked their car in the driveway of the Mount Helen house on December 19, 2019.
Dawson, McLean and a co-accused Trewin Gow knocked on the door and allegedly walked into the house when the victim opened the door.
The court heard the alleged offenders had lost the keys to the car they had driven to the house, so they allegedly grabbed the keys to the victim's car and ran to it in the driveway.
The victim ran to his car and grabbed the keys back, before running back inside the house and locking the door.
It is alleged three of the accused broke back into the house, punched the victim and regained possession of the car keys.
The court heard the four co-accused allegedly got into the victim's car, rammed the car they had originally driven to the house parked behind onto the roadway and sped away.
Neighbours who saw the incident unfold called police.
Police pursued the car as it allegedly sped up to 140km/h around Ballarat and narrowly avoided a number of collisions and police had to take evasive action to avoid being rammed.
McLean's defence barrister Adam Chernok said his client had engaged well with the Court Integrated Services Program while on bail.
He submitted the magistrate should discharge McLean on all charges relating to the aggravated burglary and intentionally causing injury.
Mr Chernok said the victim's evidence to the court showed his client had not entered the home when the assault took place and only entered initially when the victim opened the door to him.
He said the victim gave evidence McLean, with distinctive face tattoos, did not demand money or car keys from him.
"There is no evidence the prosecution can rely upon," he said.
"He is simply present, he is not an active participant in any way.
"It simply cannot be said there is sufficient evidence to put him on trial before a jury on aggravated burglary and various assaults."
Mr Chernok said he would not make submissions to discharge theft of motor vehicle and dangerous driving while pursued by police charges.
Dawson's defence barrister said the victim's evidence to the court made clear his client did not have a glass bottle when he entered the house and there was insufficient evidence he caused injury.
The barrister said he would make further submissions once the transcript of the evidence had been provided.
Crown prosecutor Temple Saville said all alleged offenders went to the home to participate in what unfolded.
"It is a clear case of complicity," she said.
"It is a matter for the jury. In my submission the evidence is there to convict the accused."
Magistrate Letizia Torres will hand down a decision whether there is sufficient evidence for the case to go to trial in two weeks.
Dawson will remain in custody and McLean on bail.
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