A magistrate dismissed a man's attempt to use his mother's diabetes as a 'get out of jail free card', saying the accused wasn't thinking of his mother's condition when he was allegedly in bed with his former partner, in breach of an intervention order.
The man - who the Ararat Advertiser has chosen not to name to protect the victim's identity - appeared at the Magistrates Court charged with persistently breaching a family violence intervention order. He did not enter a plea.
The court heard the man served a short jail term earlier this year for assaulting his former partner. On his release, he was ordered not to contact her and could not stay within five metres of her.
Police said they received information the man and his former partner were together at his mother's house. Officers went to the house, where they allegedly found the pair in bed together.
The man denied this and said "she was at standing at the end of the bed", but was told by the police informant that body camera footage showed otherwise.
The accused was taken to the police station for an interview and later released.
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On the morning of the man's bail application, police allegedly saw the man and his former partner together outside the courthouse.
The court heard police arrested the man and searched his phone, finding evidence of contact between him and his former partner.
The man admitted to texting his partner but said he didn't plan to see her and she just "showed up" outside the courthouse.
"We've had a few text messages. I know it's wrong and I shouldn't have. The only time I saw her was when I saw her today at the courthouse," he said.
Magistrate Simon Zebrowski reminded the man that police found him and his former partner together at his mother's house.
"I didn't want to see her. I woke up, and she was standing at the end of the bed," the man told the court.
"I didn't realise she was allowed at the property."
The accused asked the magistrate to keep him out of custody so he could care for his mother's Type 1 diabetes.
"My mum's been quite sick, and I have to keep an eye on her. Some times I've got to administer her insulin at night when she has high and low blood sugars," he said.
"Without me, there is a risk of my mum going into a diabetic coma, or dying from a diabetic coma."
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The man's mother supported him in court.
The magistrate reminded the man that "he trotted out his mother" every time and urged him to "change everything."
"This is your get out of jail free card. Every time you get arrested, you tell me about your mum's diabetes," Mr Zebrowski said.
"You weren't thinking of your mum's diabetes when you were in bed with (your former partner).
"You need to change your life. You need to change everything. You're treating it all as a joke."
The man was denied bail and will appear before the same court at a later date.
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