A man accused of trying to enter a Civic nightclub while carrying a 30 cm hunting knife has been granted bail on strict conditions despite a magistrate being “alarmed” at the allegations.
Hayden Joshua Anderson, a 28-year-old from Monash, was charged with possessing a knife without a reasonable excuse when he faced the ACT Magistrates Court on Monday (14 October).
It is alleged in court documents that he tried to enter the nightclub Mooseheads at around 2 am on Sunday (13 October) but was stopped at the door when a security guard saw a large knife inside his jacket.
When the guard took the knife and asked him why he had it, Mr Anderson allegedly said he had lost his mobile phone at the club earlier and brought the knife to use on the person who had stolen it.
Police officers arrived minutes later and arrested him, also determining he was intoxicated.
While he was being led away, he allegedly told the officers he intended to “stab the c-t” who stole his phone.
“Last time I lost my phone, you cops didn’t go s-t about it … So I thought I would take matters into my own hands because I lost my new phone,” he allegedly told them.
The officers asked where the knife had come from and he allegedly told them, “I went home, I got the knife, I came back out”.
Mr Anderson applied for bail on Monday, which wasn’t opposed by the prosecutor on conditions.
However, it was still up to Magistrate Glenn Theakston to decide, and he requested to see the court documents after questioning if the matter involved an issue of public safety.
The magistrate ultimately said he would grant bail with some reservation, saying he was “alarmed” by the allegations. But he noted Mr Anderson had no criminal history and was apparently intoxicated at the time of the alleged incident.
“I am concerned that there is an issue of alcohol abuse and some mental health issues as well,” he said.
After the magistrate proposed bail conditions, including one that he not drink alcohol, Mr Anderson’s defence lawyer, Legal Aid’s Ketinia McGowan, said her instructions were that this would be difficult for her client to comply with and could be setting him up to fail.
However, Magistrate Theakston said, considering the nature of the allegations, “either he does not drink alcohol, or he goes to the AMC [the Alexander Maconochie Centre]”.
Ms McGowan consulted with her client and then told the court he would agree to the condition.
Bail was granted on conditions including that he resides under a curfew, does not drink alcohol, does not possess a knife outside of a kitchen and is supervised by authorities.
Magistrate Theakston also said if Mr Anderson had a criminal history, then he wouldn’t have granted bail.
The matter was adjourned to 4 November. No plea was entered.
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