AMount Gambier Magistrate is considering home detention bail for a local businessman despite his previous application being denied a week prior for the same address in front of another Magistrate.


Vincent Vinci appeared in the Mount Gambier Magistrates Court in custody via audio visual link presided over by Magistrate Koula Kossiavelos.


Mr Vinci is accused of committing assault against his own spouse, aggravated stalking, dishonestly taking property without consent and preventing a person from attending as a witness.


Mr Vinci was adamantly denied home detention bail in the Mount Gambier Magistrates Court last week by Auxiliary Magistrate Teresa Anderson at the same Mount Gambier address put forth.


“I ask your honour to consider that this address was put forth last week before Magistrate Anderson in your absence,” SAPOL Prosecutor David Stiles said.


“She was very adamant in relation to that address that it was not going to be appropriate and that she was not going to order a home detention report and … that is exactly what I am putting forward your honour in relation to the position of the court.


“She said under no circumstances would the address in Mount Gambier be suitable and today was put off for council to obtain instructions in relation to an alternative address.


“Our submission on the last occasion was that after the victim in this matter made a complaint to the police, the accused then engaged his cousin to contact the victim and make her drop any charges and to stop the police from chasing after him.


“When he is in custody that allows that he would not be able to make those threats because they are going to be monitored through the prison telephone service.”


Magistrate Kossiavelos said she was “not bound” by Auxiliary Magistrate Anderson’s decision and ordered a cash surety of $20,000 from Mr Vinci and $10,000 from his wife in regards to the proposed bail and ordered a home detention report.


“I want to get a home D report, see what the circumstances are of the defendant and weigh things up,” she said.


“He has got a business here in Mount Gambier and he would be coming to Mount Gambier or at least on the outskirts of Mount Gambier to run his business, so that is also a factor that I am taking into consideration.


“Home D means he would be tracked, so any diversion from the direct course that he needs to take for his business would be monitored by the Mount Gambier Police,” she said.


“The issue in relation to preventing the person from attending as a witness, that can occur in any location and it does not necessary prevent him from doing this if he had an address in Adelaide or some other township in regional South Australia.”


Mr Vinci appeared in custody via audio visual link represented by lawyer Joanna Caracoussis last week in front of Auxiliary Magistrate Anderson.


“The allegations are obviously serious, there’s a need to think about protection of the victim and any perception the victim might have as to the need of protection,” Auxiliary Magistrate Anderson said.


“Highly likely therefore that if bail is going to be granted, it will only be on home detention conditions.”


SAPOL Prosecutor Stiles said it was the position of the police the presumption for bail could be effectively rebutted in relation to the protection of the victim, given the offence of dissuading the witness.


“He has taken steps subsequently of the victim giving a statement to police. He has then taken significant steps to dissuade the witness from proceeding any further,” Prosecutor Stiles said.


“It seems to me the basis of the facts of charge is there has been an ongoing relationship between the victim and the accused.


“(Mr Vinci) engages in the relationship with the victim of this matter and then he will break up with her, go back to his wife and then return back again.


“His request is to be bailed to his wife’s address, however this would not be a stable relationship now that he would be going back to.”


Prosecutor Stiles told the court the count of committing assault against his own spouse occurred when Mr Vinci allegedly attended the victim’s workplace.


“Count one as your honour perceived it is the accused comes to [the victim’s place of work] and upon leaving demanded the victim to provide her phone to look through it and she said no and he got upset,” he said.


“He has then grabbed a hold of her by the wall against the neck and across the collarbone and the shoulders, pinning her against the wall and lifting her up.


“The accused then removed the phone from her hand and then let her go once he had the phone. The accused then demanded the code and the victim refused resulting in the accused telling her to “f**k off” before leaving”.


The court heard the charge of dishonestly taking property without consent allegedly occurred when the victim was working and Mr Vinci took her phone out of her purse and left the premises.


“She said that she wanted her phone back and met up with him to get her phone back and then broke up with him again,” Prosecutor Stiles said.


In relation to the charge of aggravated stalking, Prosecutor Stiles told the court Mr Vinci allegedly regularly attended the victim’s place of work.


“It caused the victim to feel threatened and harassed. There’s continued harassment and intimidation and it has taken a toll on the victim’s mental health,” he said.


“It is our submission there is coerced control in this relationship and that is a consideration.”


Prosecutor Stiles said pertaining to the charge of preventing a person from attending as a witness, Mr Vinci allegedly recruited a third party to threaten the victim to drop the charges.


“I can begin by saying given the allegations that are here I would not consider that any home detention that had him residing in Mount Gambier would be appropriate,” Auxiliary Magistrate Anderson said.


“This is a matter where – if he was going to be given bail – he would need to not be living in Mount Gambier and quite frankly he would need to be living somewhere with a substantial guarantor and a guarantor the court might have some confidence in.


“Mount Gambier is too small given the seriousness of the allegations for her to feel that she might somehow come across him in Mount Gambier.”


Ms Caracoussis told Auxillary Magistrate Anderson that Mr Vinci’s wife was supportive of him and indicated a willingness to act as guarantor.


“Given the allegations of him having a relationship with somebody at a time that he is married to the wife, the wife obviously does not have a great deal of power or persuasion in relation to him,” Auxiliary Magistrate Anderson replied.


“You will need to explore it seems to be whether there is a home detention address available quite some distance away from here, for instance an address in Adelaide.


“It would need to a significant distance so that if he is on home detention and he starts travelling back into this area there is enough time for the police to alert (the victim).”


Magistrate Kossiavelos will make a decision regarding Mr Vinci’s home detention next Tuesday in the Mount Gambier Magistrates Court.