A MAGISTRATE said community safety was at risk before she denied bail for a Tamworth man who allegedly assaulted staff and attacked police when the store ran out of toilet paper stocks.
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Wayne Ashley Philp is accused of a choke-hold on one Tamworth woman, and chucking tissue boxes at another; as well as attempting to put an officer in a headlock and grab the firearm of another.
The alleged outburst occurred at Tamworth's Big W store in Tamworth Shoppingworld, before the confrontation with officers near the post office on Thursday morning.
In Tamworth Local Court on Friday, magistrate Julie Soars found there was not enough support in the community for 50-year-old Philp to mitigate the risk he posed to public safety.
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He faces six charges including assaulting two women and two officers and resisting police. He was tasered before he was eventually arrested.
Philp, who is on an intensive corrections order (ICO) after a serious car crash, has a multitude of medical conditions, the court heard, including epilepsy and a mild intellectual disability.
Police prosecutor Sergeant Rob Baillie said the "protection of the community was needed and "obviously it flows, commission of further serious offences".
"An unprovoked attack on two people going about their daily lives, in their work," he said.
Sergeant Baillie said Philp "certainly has struggles" but he had "a very lengthy history", and that needed to be balanced against the risks which he said "cannot be mitigated".
Legal Aid solicitor Edward McMahon said Philp could live at his Tamworth home; and offered a "place exclusion from the Big W store where this offence occurred"; and could attend all medical appointments.
He said despite the panic around the coronvirus "pandemic" in "the media", he told the court it was a "unique set of circumstances" and Phil "was particularly frustrated".
"What it is, is a man with autism ... whose usual practice is to bulk-buy toilet paper on a regular basis," Mr McMahon said.
"He's taken out his frustration in a totally unacceptable way."
He said he was unable to enter pleas "in order to explore a few issues".
"He is a man with quite special needs," Mr McMahon told the court.
Sergeant Baillie continued to oppose bail and said "the offences still occurred" while he was subject to a community-based jail sentence.
"It's a fine balancing act between the needs of a man who clearly has some disabilities against the protection of the community," he said.
"This is a man that needs some more structure."
Ms Soars said she could not be satisfied with "the current level of support" offered by the NDIS to Philp in the community and "that those bail conditions can reduce the risk to acceptable levels".
"I have to refuse him bail, because of a risk of further offending and danger to the community," she said.
"I do have concerns; he's a vulnerable person in the community."
She said "that level of support" Philp had needed to be investigated to see what was on offer for him from the NDIS in the community "for his needs".
Philp will remain in custody until he returns to court later this month.
Breanna Chillingworth
Northern Daily Leader Senior Crime and Court Reporter
Northern Daily Leader Senior Crime and Court Reporter
