A man who was on bail for five separate offences when he veered a stolen ute onto the wrong side of a highway and collided with a motorcyclist, killing him instantly, is being considered for bail again.
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The 42-year-old Gunaikurnai man David Graham Berry faced Melbourne Magistrates Court on Friday on charges of dangerous driving causing death, burglary, theft, and failing to stop and render assistance.
Berry was driving a 4WD ute he had allegedly stolen on Wednesday on the Maroondah Highway in eastern Victoria when he allegedly veered onto the opposite side of the road and collided head-on with a motorcycle.
The collision instantly killed the 56-year-old rider, a man from Alexandria, Detective Senior Constable Katelyn Goldsworthy told the court.
Berry allegedly failed to stop to render assistance or call police for the motorcycle rider and dumped the car 600m from the scene.
Police arrested him about 5km away, allegedly trying to hitchhike.
Berry is suspected to have been substance-affected and an unlicensed learner driver at the time, with a blood test set to confirm.
Det Sen Const Goldsworthy told the court on Friday that Berry was on bail for five separate matters.
The first matter involved Berry contravening a court order while the second and third matters involved theft and committing an offence while on bail, the detective said.
His fourth bail offence involved failing to attend court, while the fifth involved Berry allegedly possessing a drug and imitation firearm.
Prosecutors opposed Berry's application for bail on Friday, citing an unacceptable risk to the public and belief he would reoffend again.
Berry has previous convictions, the court was told.
His LegalAid lawyer argued that his client should be afforded bail for the sixth time because he is Indigenous with apparent substance abuse issues who could be supported through a court integrated services program.
The defence argued Berry should be released to a treatment centre while investigators wait for the results of a blood test to confirm whether to lay an additional driving while substance-affected charge, which could take six to eight weeks to confirm.
"I'm really concerned about risk. This is very serious alleged offending," Magistrate John Hardy said.
"I don't know if your client was substance affected ... but at this juncture, I'm not persuaded, other than release on bail to such a place, that he's a acceptable risk to be released on bail.
"The danger to the community is too high."
His lawyer said Berry sustained injuries to his head, shoulder and leg possibly due to the collision but was not checked by a doctor.
The defence put to Det Sen Const Goldsworthy that Berry's reported injuries would prevent him from driving if he was granted bail.
"(Him driving) is my primary concern, but I don't believe it will deter any risks," she responded.
Mr Hardy said that, on the basis of the delay and more particularly Berry's Aboriginality, he was prepared to accept the reasons laid out by the defence which could open the door for bail.
"My view is that if I'm going to release you on bail ... I want you somewhere we're going to get some help that's culturally appropriate," he said.
"I have to worry about your safety but also the community's safety and after what's alleged to have happened, I reckon it's a pretty strong case against you."
The magistrate also ordered Berry to be forensically examined by police.
Berry provided no comment in a police interview following the collision.
The bail application has adjourned to May 15 while the defence seeks arrangements on whether a treatment centre could accept Berry.
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Australian Associated Press
