A WARRNAMBOOL man alleged to have made hundreds of harassing calls and text messages to his ex-partner has been refused bail for a second time.
James Porter-Cullen, 23, of Coulstock Street, made a second bail application in Warrnambool Magistrates Court this week after he was remanded for allegedly breaching a community corrections order (CCO) imposed in May this year.
He is facing three charges of stalking, three charges of threatening to inflict serious injury and misuse of a telecommunication device.
Defence counsel Jonathan Makary said that new facts and circumstances had arisen by way of a corrections report which showed his client had done very well on the corrections order.
Mr Makary said until the charges were proven Mr Porter-Cullen would be on the corrections order with appropriate supports in place.
He argued that if the report had been before the court at Mr Porter-Cullen’s previous bail application he would have shown cause to be granted bail.
He said if his client was bailed support services including the Western Region Alcohol and Drug centre and the Men’s Behavioural Change Program would be available to him.
Police prosecutor Senior Constable Kevin Mullins opposed bail, saying the main reason Mr Porter-Cullen was remanded at the previous bail hearing was because cause was not shown and he was an unacceptable risk.
He said that on June 7, 2012, Mr Porter-Cullen was sentenced to a 12-month CCO, wholly suspended for 24 months, after he pleaded guilty to possession of cannabis and amphetamines.
In August 2012 he was fined and jailed for three months with the sentence suspended for two years for improper use of a motor car, refusing a breath test and two counts each of driving while suspended and driving an unregistered vehicle.
Senior Constable Mullins said that on May 30 this year Mr Porter-Cullen pleaded guilty to recklessly causing injury, criminal damage and making threats to kill.
He was fined and placed on an 18-month CCO, which police allege he has now breached.
Magistrate Ron Saines said he was not satisfied the corrections report constituted new facts and circumstances.
He said it appeared the prosecution had a reasonable chance of proving Mr Porter-Cullen had committed violence against his partner.
Mr Saines refused bail and Mr Porter-Cullen was remanded to appear in court for a contest mention next Wednesday.