Shepparton's Joel Giles, 40, faced Shepparton Magistrates’ Court on Tuesday charged with criminal damage by fire and reckless conduct endangering serious injury, with the prosecution arguing against his release due to mental health issues and regular drug use.
The court was told Mr Giles allegedly set fire to a petrol bowser at the Caltex service station in Wyndham St on Friday about 11 pm, using what police alleged was a piece of cardboard and a deodorant can.
“The accused approached bowser number two, which was unleaded petroleum, and set fire to the cardboard in his hand,” Criminal Investigation Unit Senior Constable Jessica Williams said.
“He placed the alight cardboard at the base of the bowser and used a circular tube-like object to continue to ignite the cardboard ... after five minutes of setting fire to the cardboard he decamped on foot.”
Sen Const Williams told the court she arrested Mr Giles the following day, April 11, in Shepparton, saying at the time he smelt strongly of fire and smoke and was found to be carrying a backpack which contained a can of deodorant and two cigarette lighters.
She said police strongly opposed his bail as they believed Mr Giles did not have the ability to "control his emotions and make rational decisions", thus making him likely to reoffend.
“The accused is currently living a transient lifestyle — he's currently homeless and sleeping by the lake or in the bush,” Sen Const Williams said.
“He suggested he behaves in reckless manners in order to make him feel better at the time of his offending.
“Police are seeking the accused is remanded in custody to protect the community, himself and prevent him from reoffending.”
Sen Const Williams told the court the accused had been smoking cannabis since the late 1990s and methylamphetamine on a daily basis for the past couple of months.
Mr Giles's lawyer Luke Slater argued against the police's claims, and stated that petrol bowsers had a mechanism in place to prevent explosions from occurring.
He said the community was therefore not placed at risk of injury, disputing the second charge faced by Mr Giles — reckless conduct endangering serious injury.
Mr Slater told the court the accused was able to move in with his mother upon his release which would lower the risk he presented to the community.
The court was told Mr Giles also had a very limited criminal history and had a "desire to get some assistance through services".
“He has now served three nights in custody, this is the first time he has ever been in custody which is a significant matter for anyone,” Mr Slater said.
“When you take into account all those factors in addition to imposing strict bail conditions, the risk can be reduced to an acceptable level.”
Magistrate Peter Mithen denied bail, saying he was not satisfied the risk of releasing Mr Giles could be reduced by introducing specific bail conditions.
Mr Giles is expected to face court again on May 6.
The defence indicated it would appeal the decision.
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