COURT: Accused allegedly slashed man with broken glass
A MAN who allegedly slashed another man in the temple and stomach with a broken bottle in a random attack has been denied bail in Maryborough Magistrates Court.
Shane Michael Fitzsimmons, 29, appeared before the court yesterday facing 13 charges, including going armed so as to cause far, threatening violence and unlawful wounding.
Duty lawyer Travis George said he had been instructed by Mr Fitzsimons to apply for bail after he was remanded in custody after the alleged stabbing incident, which happened in Bazaar St on Wednesday.
Mr George said his client's version of events was different to that of others who had witnessed the event, but he said as it happened outside a Maryborough shopping centre, he said it was possible there was CCTV footage.
He said his client said the alleged assault of a manager at the centre "did not occur" and Mr Fitzsimmons had told him the wounding happened as a result of a "major altercation".
Mr George said his client had been battling mental health issues and has been diagnosed with borderline personality disorder and depression.
He said Mr Fitzsimmons would comply with any bail conditions and would stay away from the shopping centre where the incident happened.
Mr George said his client had consumed two litres of wine over the night before and day of the alleged offences.
As part of his bail conditions, Mr George said his client was willing to stop consuming alcohol and would submit to random breath testing at any time.
He was also willing to report to police every day and commit to complying with any treatment ordered by his doctor.
He said Mr Fitzsimmons has family in the area, including his mother and his client had no history of failing to appear.
"There no good explanation as to why it occurred but for his own personal demons and alcohol," Mr George said.
Police prosecutor Kath Stagoll said police objected to bail and it would not be possible for the court to ensure Mr Fitzsimmons complied with any order not to consume alcohol or take medication.
"Your honour can't make him take any medication," she said.
"It's too late for the community then if he doesn't comply."
Magistrates John Smith agreed, saying it was potentially setting Mr Fitsimmons up to fail.
Sgt Stagoll said the offences were of a serious nature.
"These acts were extremely random against members of the public not known to him at all," she said.
Mr Smith denied bail, saying that Mr Fitzsimmons was an unacceptable risk of endangering the safety of others.
"The offences against you are really serious," he said.
Mr Smith said one of the charges related to Mr Fitzsimmons stabbing another man "to the temple area with broken glass".
"Your behaviour overall was extremely dangerous," he said.
The charges were adjourned until January 23 when Mr Fitzsimmons will appear via videolink.