A Melbourne man alleged to be the creator of the prolific “Pam the Bird” graffiti has been released back into the community to live with his grandmother in Geelong, who has warned it is “my house, my rules”.
Jack Gibson-Burrell’s legal team successfully argued for their client to be granted bail under strict conditions including not possessing abseiling-related equipment or graffiti implements, a night-time curfew, $30,000 surety and residing with his grandmother.
The 21-year-old appeared in court on Thursday morning to hear the outcome of this second bail application, after he was last month charged with more than 50 offences, including criminal damage estimated to be worth more than $200,000, aggravated burglary, shop theft and stealing a motor vehicle.
Magistrate Johanna Metcalf said regular employment, the offer of a bail guarantee and residing with his grandmother would reduce risks to an “acceptable level”.
“I am persuaded the ground has shifted since the previous bail application,” she said.
Metcalf said she accepted that Gibson-Burrell’s grandmother would assist him to comply with his bail conditions, describing her as a “no nonsense” person.
Gibson-Burrell sat in the dock, flanked by two security guards wearing a white T-shirt, as the bail decision was handed down. He nodded as his bail conditions were read out.
Metcalf said there were “real issues” about whether circumstantial evidence could prove beyond reasonable doubt that Gibson-Burell is the offender. She said this meant he could face up to two years on remand due to potential delays in the matter.
Police have alleged Gibson-Burrell was the sole person behind the infamous signature cartoon-like bird which has been graffitied across Melbourne and Geelong on property and heritage buildings including the Flinders Street station clock.
Gibson-Burrell has indicated he plans to contest all the charges.
His lawyer, Peter Matthews, SC, said on Tuesday his client had two jobs lined up, including at a Wendouree-based warehouse for an online clothing label and a Geelong painting and property company.
The defence had also called Gibson-Burrell’s grandmother, Joan Bell, who said she was willing to have her grandson live with her in East Geelong and support his bail conditions.
“It’s my house, my rules,” she said.
She told the court she had previously worked in a security role and at a backpackers hostel and had a reputation of being “very firm but fair”.
A friend of Gibson-Burrell’s, Finlay Dale, on Tuesday offered a $30,000 surety.
Police had opposed the fresh bail application. Sen Const Scott Nicholls told the court that Gibson-Burrell could “wreak havoc” on the state’s streets if released. He said Gibson-Burrell was “gaining more validity” and alleged he had demonstrated a disregard for bail.
Police also laid an additional charge of intentionally causing injury after Gibson-Burrell allegedly stabbed a man in January, the court heard.
Metcalf had earlier this month denied Gibson-Burrell bail, arguing there was an unacceptable risk he would commit a serious offence that would risk the public safety.
At the time, she said there was a risk he would continue to target prominent locations to boost his social media notoriety if released.
Police had also argued Gibson-Burrell’s alleged abseiling off tall structures endangered the public because it was a risk to anyone below the buildings.
The police investigation into Gibson-Burell included officers spending more than 200 hours after the accused, alongside more than 100 hours of CCTV footage, the court heard previously.
Gibson-Burrell’s face was covered with a white T-shirt when he left the Melbourne magistrates court on Thursday afternoon. He declined to speak to media
Gibson-Burrell is due to appear before the Melbourne magistrates court on 6 June for a committal mention.
