A man who allegedly punched and then stomped on a man's head as he lay unconscious on a Black Hill road has been remanded in custody.
Seamus McNamara, 22, appeared at the Ballarat Magistrates' Court from the police cells on Thursday.
The prosecutor told the court the alleged incident occurred shortly after 10.30pm on Friday, December 17, 2021.
The court heard an "angry and hysterical" woman confronted a man on Nicholson Street, Black Hill, believing he had damaged the windscreen of her car.
The court was told the incident was never reported to police and the man has denied the offending.
Following the confrontation the man walked away from the home, turned left on Chisholm Street and south onto Peel Street.
About 500 metres from the Nicholson Street address a witness viewed three males exit a black Holden Commodore sedan.
A short conversation took place between the man and one of the co-accused about the damage to the car.
McNamara and the co-accused allegedly proceeded to assault the man on the road before this co-accused punched the victim twice to the head with a closed fist, causing him to fall to the ground.
The court was told one of these punches appeared to have rendered the victim unconscious, or at least cause him to lose some consciousness.
McNamara is alleged to have continued punching the victim in the head before standing over him and stomping his head into the road with his foot.
He then allegedly fled.
The alleged assault was recorded by the witness, with several others "screaming at them to stop" before rushing to assist the unconscious man.
The victim was treated by police and paramedics at the scene and taken to hospital where he was placed in an induced coma due to his severe injuries and bleeding on his brain.
The victim, who also sustained a broken nose and soft tissue injuries to the back of his head, remained on a ventilator and with breathing tubes until Sunday, December 19.
The court heard the man's condition was described by hospital staff as "life-threatening" and that it was a "miracle" he had survived and did not suffer brain damage.
The prosecutor said doctors were still assessing the man to determine if he had sustained any long-term effects.
The court heard McNamara was on bail at the time for similar offending which occurred four months earlier.
The court was told McNamara and two co-accused were standing next to his vehicle on the corner of Sturt and Lydiard streets on August 19 when a male driving past waved at them about 11.30pm.
It was alleged the trio entered the vehicle and followed the victim onto the Western Freeway, "driving erratically" behind them in attempts to get it to pull over.
McNamara allegedly rammed the victim's vehicle, resulting in the victim pulling over.
McNamara and the co-accused then allegedly approached the victim's car, smashed in the windows and reached through the driver's window to punch the victim in the face, causing his nose and mouth to bleed.
McNamara made a self-represented application for bail on Thursday.
The prosecutor said police opposed bail as he was alleged to have committed an indictable offence while on bail for another indictable offence and had shown an "extreme propensity for violence".
Police investigators have no doubt that should there have been no witnesses and the victim was left on the road without Triple-0 being called during the affray, he could very well have died from his injuries
"Police investigators have no doubt that should there have been no witnesses and the victim was left on the road without Triple-0 being called during the affray, he could very well have died from his injuries. "
The court heard he had no permanent address and was couch surfing and the possible addresses he had given to police were deemed to be unsuitable as police intelligence suggested they were linked to criminal activity.
She said an acquaintance of McNamara had informed police he had recently purchased a pistol-like firearm to "intimidate people".
She added police had also received information that he had been attempting to join the Ballarat branch of the Nomads Outlaw Motorcycle Gang, which was a "significant concern to police regarding the ongoing safety of witnesses and victims".
McNamara told the court he wanted to be released because his child's birthday was coming up and he had a job and an option of somewhere to live.
Presiding magistrate, Guillaume Bailin, took into account all of the circumstances, including his age and the fact it was his first time in custody.
Noting the case was "strong", he said the allegations pointed towards McNamara being an "unacceptable risk" in the community.
"The risk of further violence is unacceptable in the absence of a strict support plan.
"I am in no way persuaded that any of the matters put forward to mitigate risk reduce that position. The risk remains real, alive and unacceptable."
McNamara was remanded until March, when he will reappear in court.
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