A 26-year-old Warrnambool person has been removed from a potential bail application court hearing on Tuesday afternoon after spitting at security staff.
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The person, who cannot be legally named, was to appear in the Melbourne Magistrates Court via a video link with the Melbourne Assessment Prison.
The person was completely incoherent for about 10 minutes before the video link with court went ahead.
The person ranted, before starting to spit at security staff at MAP and was then taken back to their cell.
By the time the video link was established with the court the person was gone, causing significant confusion.
After a lengthy hearing not involving the charged person, Magistrate Timothy Gattuso decided to remand the accused in custody until July 18.
The person, known known as a male, female and numbers - either Agent 3301 or Zero - has been in custody since June 26 after an incident in Warrnambool which led to police charges.
Those charges include unlawful imprisoned, recklessly causing injury (the person's mother suffered a laceration to a leg), threats to kill, threat to commit a sexual offence (rape their mother), criminal damage and unlawful assault.
A lawyer told the court on Tuesday afternoon that he attempted to speak to the person but was unable to get instruction to apply for bail.
"They were brought in and did speak with me, but was clearly psychotic. That's an improvement on where things have been up to at this point," he said.
"I've been in contact with her mother, who is very concerned about her child, particularly about them being in a custodial setting. She's devastated.
"There has been a similar traumatic incident in the past.
"They are not receiving either their psychotic medication or gender affirming medication and has been on anti-psychotics for many years."
The magistrate said it was a very sad state of affairs and clearly the person required care in the Thomas Embling facility, which the court heard was currently at capacity.
However, he said he could not just release the person due to the significant risks she poses and the current serious offending was alleged to have happened just 24 hours after she was sedated to the point of being restrained because of her behaviour.
Mr Gattuso said it was not acceptable that someone clearly unwell was not receiving treatment.
There were also lengthy discussions in court about granting bail to someone who had not been able to give instructions to apply for bail.
The magistrate said the priority was to get the person into the Thomas Embling facility as soon as possible.
He said the mental health facilities in Victoria had been an issue for 25 years and there were simply not enough beds.
Mr Gattuso said people with serious mental health issues were being held in acute units at mainstream prisons.
He said there was an urgent need for more secure beds in treatment facilities, which would free up room in prisons.
The court heard that suggestion was raised at the recent Royal Commission but had not been acted on as a recommendation.
The case was adjourned until 2pm on July 18 in the Melbourne Magistrates Court.
The charges arose after Warrnambool police officers were called to a city address on June 27 when it was alleged a person had made threats towards their mother.
Officers were forced to barge their way into a bedroom.
A woman was allegedly being contained by her adult child and police were able to separate the pair.
Police allege the woman had been assaulted by her child and a picture frame was smashed over her.
Support is available for those who may be distressed or in need of help. Help is also available, but not limited to:
- Phone Lifeline 13 11 14;
- MensLine 1300 789 978;
- Kids Helpline 1800 551 800;
- beyondblue 1300 224 636;
- 1800 RESPECT 1800 737 732. In an emergency, call triple-zero
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