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A DRUG user who got involved in a relationship discussion between people he didn't know and bashed a man with a totem tennis pole has again been remanded in custody.
Brendan Muskee, 28, of Whitehead Court, Warrnambool, previously pleaded guilty in the Warrnambool Magistrate Court to 12 charges, but the case was adjourned so a justice plan assessment could be prepared.
That plan will now not be available until January 22 and Mr Muskee has applied for bail.
Solicitor Jack Rabl said Mr Muskee’s father passed away 11 days ago and his client suffered significant intellectual and cognitive challenges.
He said Mr Muskee could live with his brother in Collingwood, near the local police station.
Police opposed that suggestion saying Mr Muskee’s brother had significant prior court appearances, had recently had two contacts with police and until at least very recently had been living in his car.
Magistrate Cynthia Toose said the she was not going to bail Mr Muskee to live with his brother but she would consider the bail application if another address could be found.
Mr Muskee was remanded in custody until Monday when th bail hearing is expected to continue.
Police previously said that about 9pm on August 21 two people were discussing their relationship in the presence of a child at an Armstrong Grove park in Warrnambool.
Muskee was abut 50 metres away, he approached the couple and said he was going to knock the man's head off.
He crouched down and then rose rapidly holding a totem tennis pole which he used to strike the victim to the head.
The victim lost consciousness for about 30 seconds and when he came around Muskeee hit him with the pole to the arms, legs and back
Eventually the victim was able to get the pole off Muskee and hit him once to the face, causing a cut to his chin.
The victim suffered facial fractures as well as extensive bruising.
Muskee reported to police he had been assaulted, but the full circumstances eventually became klnown.
The ourt previously heard Mr Muskee has issues with drugs, leads a transient lifestyle and suffered a acquired brain injury when he was an infant.
He was said to be in a heightened state during the totem tennis pole incident because he thought he was witnessing domestic violence.
UPDATE: A Warrnambool magistrate has questioned the care of a man remanded in custody who has been without medication for five days.
Brendan Muskee, 28, of Whitehead Court, Warrnambool, previously pleaded guilty to 12 charges relating to bashing another man with a totem tennis pole, but the case was adjourned so he could be assessed for a justice plan.
That plan will now not be available until January 22.
At a bail hearing on Monday, solicitor Jack Rabl said Muskee was yet to have a medical assessment, meaning he had received his medication since last Wednesday.
Magistrate Cynthia Toose said it was “not good enough” Muskee had been without medication given she had ordered an immediate medical assessment last Friday.
She called for the Warrnambool senior sergeant in charge of custody to appear before the court to address Muskee’s care issues. That didn’t happen, but a custody officer said he would now be moved to Melbourne where he would be assessed.
Ms Toose was worried if something happened to Muskee while in police custody it could “all go pear-shaped”. She remanded him in custody until January 22.
Police previously said that about 9pm on August 21 two people were discussing their relationship in the presence of a child at an Armstrong Grove park in Warrnambool.
Muskee approached the couple and said he was going to knock the man's head off. He then used a totem tennis pole to strike the victim to the head.
The victim lost consciousness for about 30 seconds and when he came around Muskee hit him with the pole on the arms, legs and back. The victim suffered facial fractures as well as extensive bruising.