HE was wearing completely different clothes and did not have any cash or a weapon on him when he was arrested.
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But if it wasn't Jerrymee Maine Kelly, 31, a man with 17 convictions for robbery to his name, who used a knife to hold up a service station at Teralba on Thursday then it must have been "the world's biggest coincidence", Newcastle Bail Court has heard.
Mr Kelly - who is on parole until May, 2021 for an armed robbery - appeared in court on Friday charged with armed robbery with an offensive weapon after he was arrested 700 metres from a service station at York Street, Teralba, that was the target of an early morning hold-up on Thursday.
Mr Kelly applied for bail, with his solicitor Steffany Sneesby questioning the strength of the prosecution case and telling the registrar Mr Kelly was arrested wearing completely different clothing to the person who committed the robbery.
"Mr Kelly was not found with anything on his person that could connect him with this crime," Ms Sneesby said. "No weapon and no money."
Mr Kelly, Ms Sneesby said, was doing well on parole and was leaving his cousin's house and heading to the train station to travel back to Armidale when he was arrested for the robbery.
But the police prosecutor said it was an "overwhelming circumstantial case" against Mr Kelly and noted the police dog had tracked the scent from Mr Kelly to a nearby school where they found clothing on the roof of a storage shed.
"It is open to the court to infer that, prior to being arrested, he changed or removed these clothes and then went on his way," the prosecutor said.
"And the court cannot ignore that Mr Kelly is a man with 17 prior convictions for robbery. If this wasn't him it is the world's biggest coincidence. I would be astonished if the DPP does not run a tendency argument given he is on parole for the exact same offence, he was just released on parole a number of months ago and was allegedly committing the same offence again."
Mr Kelly was released on parole in August, 2019, after serving two years and nine months for an armed robbery at a store at Kempsey.
Mr Kelly had committed that robbery six weeks after he finished serving nearly eight years in jail for five armed robberies at North Lambton, New Lambton, Bulahdelah and Mayfield over six days in 2008.
The registrar refused bail and Mr Kelly exploded with rage, smashing the dock and shouting profanities.