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The Canberra Times
The Canberra Times
National
Blake Foden

Prisoner who breached day bail to be released for another funeral

Guy Roberts, who is to be released temporarily from jail on Friday. Picture Facebook

A Canberra prisoner has been granted day bail to attend another funeral, just three months after he breached the conditions of his previous temporary release and spent weeks unlawfully at large.

When Guy Pearson Roberts, 42, was released on day bail in August to attend his sister's funeral, he returned late to the Alexander Maconochie Centre and was refused re-entry.

Guards told him they lacked the power to take him back into custody because his late arrival placed him in breach of bail, which was a matter for the police.

Roberts then disappeared before police were able to arrive and arrest him.

He was not located until three weeks later, when police found a stolen car at a home in Pearce.

When officers entered the property, they allegedly found Roberts barricaded in a bedroom and claiming to be armed.

After what police described as "a short negotiation", he came out of the room and was arrested.

Roberts, now back on remand awaiting sentencing in the ACT Supreme Court, appeared before Associate Justice Verity McWilliam on Thursday to seek day bail for another funeral.

The court heard his mother had recently died, and he hoped to again be temporarily released so he could attend her funeral in western Sydney on Friday.

Associate Justice McWilliam said the application "may have been straightforward" if not for the fact Roberts had returned late last time he asked the court for a similar indulgence.

She noted this had created "some consequences" for Roberts this time around, with prosecutors, who had not argued against his release last time, now opposing bail.

The judge said people should ordinarily be able to attend their mother's funeral but the court was concerned about Roberts in light of his criminal history and his past behaviour.

Of particular note, she said, were the decisions he had made last time he received bail.

Associate Justice McWilliam ultimately decided, after "anxious consideration", that the risks Roberts posed could be ameliorated by a series of conditions.

These included Roberts being released at 7am on Friday into the custody of a man who would drive him to and from the funeral via the most direct route.

She also banned Roberts from consuming alcohol or prohibited substances, and ordered him to refrain from using a mobile phone.

The judge ordered Roberts to hand himself in to the court before 4.30pm on Friday, and to surrender to City Police Station instead if he was late because of any unforeseen reason.

She told him she was trusting him to do the right thing, warning there would be repercussions for him at his upcoming sentencing if he did not.

"If you are not the model of propriety ... you can kiss goodbye to any hope of getting onto the [drug and alcohol sentencing list]," Associate Justice McWilliam warned Roberts.

Roberts subsequently fronted the ACT Magistrates Court, which had also previously remanded him in custody in relation to outstanding charges.

There, special magistrate Margaret Hunter granted day bail on the same terms.

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