Jai O’Donnell, 34, of Epping, unsuccessfully applied for bail in Shepparton Magistrates’ Court.
He is charged with possessing a firearm while a prohibited person, possessing a controlled weapon, possessing the drug 1,4-butanediol, committing an indictable offence while on bail, using 1,4-butanediol, and 18 counts of contravening a bail condition.
Shepparton Crime Investigation Unit’s Senior Constable Anthony De Cicco told the court police found a video on Mr O’Donnell’s phone that he had sent to an associate on August 9 of him loading a revolver and, as he loaded each bullet, saying “This is one for your dad, one is for your mum, one for you, one for you after I drop you, one just for fun…”
Sen Constable De Cicco said police believed the gun was real because of messages that followed.
He said police believed Mr O’Donnell was not intending any harm to the person he sent the message to because they were friends, and that he was “being quite silly” in the video.
“There’s no thought it is a threat,” Sen Constable De Cicco said.
The video was found after Mr O’Donnell was arrested on another matter on September 5.
On that occasion, he had a folding knife on him, as well as the drug GHB.
The court heard at the time of his arrest, Mr O’Donnell was on bail for an alleged carjacking where a gun was used.
Sen Constable De Cicco told the court Mr O’Donnell had also breached bail conditions on the alleged carjacking matter multiple times by messaging people he was not allowed to have contact with and not being home during his curfew hours.
When questioned about it, Sen Constable De Cicco said Mr O’Donnell told him he was having a psychotic meltdown when he was arrested on September 5.
Giving evidence in court, Mr O’Donnell’s mother offered to put up a $1000 surety if her son was bailed and to help him get to appointments for his mental health.
Mr O’Donnell’s solicitor Damian Fragapane argued his client should be bailed as a surety was available, and he could be bailed to live in Melbourne.
Mr Fragapane said the most serious charge was for possessing the firearm while a prohibited person, but said in the video it “appears that he is joking”.
Magistrate Olivia Trumble, however, said whether or not he was joking did not take away from the seriousness of the offence.
Mr Fragapane also said while the video was sent in August, it did not mean it was taken then.
The defence lawyer said Mr O’Donnell had completed the court integrated services program on December last year, but had “been struggling with his demons” since then.
“He accepts that there’s an interplay between his mental health and use of drugs,” Mr Fragapane said.
Prosecutor Leading Senior Constable Brent O’Grady said police were concerned Mr O’Donnell had access to a gun in the community, and he said Mr O’Donnell had a “wanton disregard” to bail conditions.
He also said there were concerns Mr O’Donnell would be released into the community without drug or mental health supports.
“With the level of offending and access to firearms, we say a more structured plan is needed,” Leading Sen Constable O’Grady said.
In refusing bail, Ms Trumble said the main issue was the risk Mr O’Donnell posed if bailed.
She said the firearms' offence was an “extremely serious one” and that he had “fairly consistently breached” his bail conditions and was now charged with drug and firearms offences.
Mr O’Donnell was remanded in custody to appear in Shepparton Magistrates’ Court on October 31.