A Melbourne teenager charged with weapons and explosives offences after Victoria police were tipped off by the FBI has applied for bail, despite authorities seizing notes from his cell which, they allege, show he still plans to “attack” people.
The 19-year-old, whose identity is suppressed, faced the Melbourne magistrates court on Thursday.
He was charged earlier this year with offences including possessing chemicals and explosive substances without a lawful excuse, and improperly storing ammunition. Police allege that he planned violent acts, including a school shooting.
The court heard he was formally diagnosed with autism in 2019, but that there had been concerns going back to kindergarten about whether he had the disorder.
In February this year, the FBI contacted the Victoria police illicit firearms squad and informed them about concerns they had regarding the accused’s conduct online.
It alleged he had attempted to access information and sought advice about manufacturing a firearm, shared images which appeared to show materials he had sourced to make a firearm, and outlined plans for revenge against his former high school, including that he would engage in a shooting and “how to get away with it and then kill more people”.
His house was searched later that month, with police allegedly finding multiple items capable of being used to make firearms, hand-written notes expressing grievances towards a school, including its staff and students, and plans for other attacks, including eroding train tracks using chemicals, poisoning a water supply and shooting police.
A mobile phone download uncovered internet searches about firearm manufacturing, police allege.
The accused was released pending summons, but had a firearms licence suspended.
His house was again searched in April, and further items were seized, including knives, a slingshot and tactical equipment.
He was charged with three offences and released on bail. He was also issued with a firearms prohibition order, which allows officers to search him, his address, or any house or car he may be in, without a warrant.
In August, his house was again searched by police acting on the firearms order who allegedly found more concerning notes.
The house was searched again the following month, and police allege several chemicals were found.
Police allege the chemicals could be mixed to create a powerful explosive that does not require a detonator.
His bail was cancelled after that search in September, and he has remained in custody since.
He has been held in protective custody, as well as a stint in isolation, his lawyer Julia Kretzenbacher said.
The accused’s father gave evidence that he and the accused’s mother would watch the boy for 24 hours a day should he be granted bail and control his access to smartphones and the internet.
“I experienced … the suffering the last few [court] hearings … if he does something wrong there will be big, big trouble for me, my wife,” he said.
He said that a finalised family violence order taken out on behalf of the family because of his son’s behaviour was because of his yelling, and not physical threat.
“A teenager is going to sometimes lose his temper, I understand that,” the father said.
The court heard that at the same time the accused was being taken to the hearing his cell was being searched because of concerns raised by Corrections Victoria.
Det Sr Con Andrew Tucker told the court he had been briefed that the notes included references to “attacks against police and transgendered people” along with “antisemitic, Nazi-type” messages.
A bundle of about 50 photos of the notes, which the court heard included messages written on the wall of the cell, were later tendered to the court, but not provided to the media.
Kretzenbacher said that some of the notes appeared to be innocuous and others were dated from some weeks earlier.
Magistrate Malcolm Thomas said the difficulty in ruling on bail was that the accused was stuck in somewhat of a catch-22, in that he may not be able to access the treatment he needs in custody that would reduce his risk of offending, but that without treatment he was too great a risk to be released.
He said it was concerning there was no clear plan about how the accused would be treated if he were released on bail, but noted that there had been a $150,000 NDIS package approved for his treatment.
“People might die. That’s what we’re dealing with. So of course, the court is going to be reluctant to release someone on bail [without a clear plan in place] … That’s the difficulty I have. Because I don’t like the idea of someone in your client’s position being in custody, I genuinely don’t,” Thomas said.
The maximum penalty for the most serious offence faced by the accused was 10 years, and the others were five, but they were serious examples of those offences, Thomas noted.
Debra Coombs, for the prosecution, acknowledged that the DPP had to prove the accused posed an unacceptable risk that could not be managed with suitable conditions.
She said the DPP were concerned that the accused had become aware of how to hide alleged serious behaviour from authorities.
Thomas is expected to make a ruling on the bail application on Friday.
