UPDATE: A Nelson Bay man accused of breaching a COVID-19 public health order to self-isolate has been refused bail after an Albury magistrate feared letting him free could spread the virus across a vast swathe of NSW.
Alec David Richard Lewis man allegedly became "aggressive" and "argumentative" in resisting arrest at the Hume Freeway permit checkpoint in Albury on Monday about 9.30pm.
Albury Local Court magistrate Richard Funston had to tell Lewis to be quiet on Tuesday when he protested his rejected application.
Defence lawyer Tim Hemsley earlier questioned the validity of the charge laid against Lewis of not complying with a noticed direction on COVID-19. Police claim Lewis, 49, told them he travelled into Victoria on Saturday and did not have a permit to re-enter NSW.
That led to police making inquiries that they alleged revealed Lewis had previously re-entered NSW on July 19. His permit, they said, ordered him to self-isolate at his Nelson Bay home, but he allegedly breached this requirement when a compliance check four days later revealed he wasn't at home.
IN OTHER NEWS:
But Mr Hemsley said Lewis - like any NSW resident, including himself - was free under the current NSW government permit regime to enter Victoria or other states with borders open to NSW as many times as they liked, provided they self-isolated each time they returned.
He said Lewis travelled to Victoria because it was where his 12-year-old daughter lived and that he had ongoing concerns for her welfare.
Mr Hemsley said that if granted bail, Lewis - who is charged also with two counts of resisting police and possession of cannabis - could travel directly to Nelson Bay.
While he would require fuel at some point during his journey, he could easily take breaks at isolated rest stops.
Police said Lewis had no permanent residence and was effectively living out of his car.
But Mr Hemsley said Lewis lived with his elderly parents at Nelson Bay and that this was the address to where he was required to self isolate.
He said Lewis could be bailed to this address, which was listed also on his driver's licence.
Police argued that letting Lewis free would be in direct contradiction of NSW government intentions to contain the virus, of which he could very well have an undiagnosed case.
Mr Funston said Lewis "needs to be isolated now, for 14 days, and that's best done in Junee jail".
EARLIER: A Nelson Bay man has been charged with breaching a Public Health order, drug possession and resisting arrest after he traveled to and from Victoria despite being directed to self-isolate.
Officers from Operation Border Closure were conducting permit checks at a checkpoint on the Hume Highway, Albury, when they stopped a vehicle about 9.30pm Monday, and spoke with the male driver.
The 49-year-old Nelson Bay man told police he had traveled into Victoria on Saturday, and did not have a current permit to re-enter NSW.
Police conducted various inquiries which revealed that the man had previously entered NSW on July 19 with his permit directing he self-isolate at his Nelson Bay home.
IN OTHER NEWS:
Further, it was established that he had breached the direction to self-isolate on July 23, when local police conducted a compliance check and were unable to locate him.
It is alleged that the man became aggressive and, after he was told he was being arrested, he resisted police and refused to comply with their directions.
After being arrested, the man was taken to Albury Police Station, where police claim he was seen throwing an item into a rubbish bin, which is alleged to be a satchel of cannabis.
He was charged with two counts of resisting an officer in execution of duty, not complying with noticed direction re s 7/8/9-COVID-19 and possession of a prohibited drug.
He has been refused bail to appear at Albury Local Court on Tuesday.
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