A prisoner is at large after a court heard he was "turned away" by guards, who lacked the power to take him back into Canberra's jail when he returned late from his sister's funeral.
Guy Pearson Roberts, now a wanted man, profusely thanked his lawyer, a prosecutor and a judge last Thursday after being granted day bail to attend the funeral.
Justice Michael Elkaim told Roberts he would be released from the Alexander Maconochie Centre at 8am last Friday, on the proviso that he return and surrender himself by 7pm.
The ACT Supreme Court judge read a lengthy list of additional bail conditions to Roberts, remarking that the prisoner was unlikely to "do a runner" after Legal Aid lawyer Tamzin Lee said he was "in a wheelchair, partially".
Justice Elkaim also informed Roberts his mother, a woman who described herself as "not backwards in coming forwards", had promised to report any bail breaches to police.
"I won't break any of them," Roberts, 42, said of his bail conditions, which were imposed in relation to matters that remain before the superior court.
"I really appreciate the chance because it really means a lot to me to bury my sister.
"My mum would never forgive me if I done the wrong thing."
The wrong thing is allegedly what Roberts went and did.
Some time prior to last week, he was summonsed to face the ACT Magistrates Court on Wednesday in relation to 10 new charges.
These include attempting to escape from arrest or custody, assaulting a front-line community service provider, and five counts of using a carriage service to menace, harass or cause offence.
Roberts did not appear when his latest case was called, and it was initially suggested that his absence might be explained by the fact he was in custody.
It transpired that the 42-year-old was in fact not behind bars.
"He is actually unlawfully at large," prosecutor Lauren Knobel told magistrate James Lawton after making enquiries during the lunch adjournment.
Ms Knobel said she had been informed that Roberts had returned to the Alexander Maconochie Centre two hours later than required last Friday night.
"The AMC said, according to legislation, they could not accept him ... and he was turned away," she told the court on Wednesday afternoon.
Ms Knobel said Roberts had not handed himself in to police since that interaction, and asked Mr Lawton to issue a warrant for his arrest.
Mr Lawton said he would issue the requested warrant.
A spokeswoman for the ACT government's Justice and Community Safety Directorate, which runs the jail, said Roberts had breached his day bail conditions by returning late.
"Due to the breach in bail, ACT Corrective Services (ACTCS) notified ACT Policing," the spokeswoman told The Canberra Times in a statement.
"The remandee did return to the front gates of the AMC later that night; however, left only minutes later before any action could be taken by ACTCS.
"This occurrence was also notified to ACT Policing.
"Furthermore, once a person has breached a condition of their bail ACTCS has no power to take them into custody."
