A convicted sex offender facing new charges of grooming is behind bars after a failed bail application in the ACT Magistrates Court today.
Benjamin Hugh Smith, 37, is charged with grooming two young boys, aged seven and nine, at the Australian Institute of Sport swimming pool in March.
The alleged crimes came to light when the boys' father took them to a swimming lesson and noticed Smith behaving strangely in the change rooms.
Police said the man had initially seen Mr Smith naked and showering beside one of his sons and later saw him undressed in the changing area when his other son was there.
In a police interview, the eldest boy said he had seen the man he knew as Tim in the change rooms for about four weeks.
The boy said one day he found a dollar on the floor, and the man named Tim said "let's have a competition and see who wins it".
The boy told police he won it, and the next week Tim taught him some tricks with his hands.
When the boy's father reported his concerns, pool staff called police.
The pool manager told police Mr Smith had bought a 20-pass ticket and had visited the facility 19 times, but no one had ever seen him in the water.
Risk of reoffending too high to grant bail
Today, Mr Smith's lawyer Anastasia Qvist entered a not guilty plea and urged the court to grant bail.
She said Mr Smith had a health condition which he had not been able to get treatment for in jail, and his study for a Masters Degree in Ethics and Legal studies had also been disrupted.
Ms Qvist drew the court's attention to a psychiatric report compiled when Mr Smith was sentenced for an earlier offence, which said he suffered symptoms of anxiety.
She said there would be a long delay before any hearing into the case and he should have the right to be in the community to prepare his case.
But prosecutor Tahlia Drumgold told the court Mr Smith was a registered sex offender, who had failed to comply with his conditions, which included not going near a place where there were children.
She said the "brazen nature" of the alleged crime was of concern.
Magistrate Jane Campbell agreed, saying there was too much of a risk of reoffending and refused bail.
The case will be back in July.
