David Bain, 41, previously of Wanstead Street, yesterday appeared in Warrnambool Magistrates Court for the continuation of a bail application.

Mr Bain is facing charges of reckless conduct endangering serious injury, threat to kill, assault with a weapon, attempted aggravated burglaries and stalking after shots were fired in Wanstead Street early in January.

Magistrate Peter Mellas decided that Mr Bain should be granted bail considering the likely delay in forensic testing and Mr Bain’s family support.

He said Mr Bain had breached court-imposed orders in the past and the magistrate was pessimistic the accused would comply unless strict conditions were put in place.

The bail conditions include a $3000 surety, Bain has to report at Narre Warren police station on Mondays, Wednesdays and Fridays, live at Narre Warren’s Mountain Flat Road, not leave Victoria or contact witnesses, not attend licensed premises or consume alcohol and not come to Warrnambool unless to attend court.

Previously, Detective Senior Constable Nick de Ridder of Warrnambool told court the alleged victim was petrified of Mr Bain and feared there would be repercussions after he made a statement to police.

Mr Bain’s defence counsel said that if bailed Mr Bain’s sister was happy for him to live with her in Narre Warren. She gave evidence via a video link yesterday that Mr Bain was welcome to live with her.

Police allege Mr Bain had been staying with the alleged victim in Wanstead Street when he was asked to find alternative accommodation because he wasn’t complying with Department of Housing rules.

In December last year there was also a dispute between the two men, with Mr Bain claiming he was owed $300.

On January 3 Mr Bain went to the unit and demanded the debt be paid. 

Police alleged he was aggressive and threatened the man that he would “die for this”.

Detective Senior Constable de Ridder said the alleged victim locked the security door and heard a loud crack, which he believed was a gunshot.

The dialled triple-0 and heard another sound which he believed was another gunshot. 

Police officers attended and at 7pm Mr Bain was arrested. 

 Two empty cartridges were allegedly found in his pocket.