The lawyer for a Sydney man extradited again to the ACT for an alleged assault at EPIC claims a "fundamental misunderstanding" caused him to allegedly fail to appear in court despite his promise he would attend "in the flesh".
ACT Policing on Friday said Cameron Robert McKay, 35, was arrested in NSW on Wednesday after an ACT magistrate issued a second warrant for his arrest after he did not appear in court when required on October 7.
McKay, who was on bail, previously did not appear in court in June and July before being extradited from Sydney to face charges, including trespassing and recklessly inflicting grievous bodily harm to which he pleaded not guilty.
Police allege in February, the defendant assaulted a woman in her 60s, who was working inside EPIC during protest activities.
The woman sustained fractures to both her wrists, requiring surgery, police said.
McKay appeared in Blacktown Local Court where ACT Policing detectives successfully applied for his second extradition. He faced the Magistrates Court on Friday when he applied for bail.
A Legal Aid lawyer for the defendant said the alleged failure to appear last week was a "fundamental misunderstanding" because he had sent an affidavit to the court, or to the prosecution at least, that purported to be a special appearance that challenged the court's jurisdiction over him.
"He had thought that that was sufficient in order to appear in court," the lawyer said.
She said McKay was "now very much aware of his requirement to attend physically in person" and was "on notice" about the importance of doing so.
"I've spoken with his mother and father on the phone, who indicated they would be able to take him to court," she said.
The laywer said McKay's first failure to appear charge was after he was experiencing significant mental health issues and a psychiatric report stated he had been diagnosed with schizophrenia, which could have contributed to his special appearance affidavit.
The court heard McKay was now more stable being under the care of a psychiatrist whom he trust.
"It's significant considering that in the past he was not accepted or sought help with his psychiatric condition," his lawyer said.
Prosecutor Beth Morrisroe said the "fundamental misunderstanding" may have been the case earlier this year but not for the latest non-appearance charge.
Ms Morrisroe also argued against the defendant's mental state being stabilised because he "indicated once again in his affidavit challenging fundamental law issue".
Magistrate Louise Taylor said the absence of evidence to support the claim that McKay's parents were willing to take him to court was significant.
"I find that a fairly underwhelming submission in circumstances where they've not assisted him to make the court dates in the past," she said.
"They're not here to attest to the seriousness with which they now appreciate their son is in."
She said she accepted McKay's vulnerability and was not unsympathetic to his diagnosis potentially contributing to his situation, but participation in court proceedings needed to be ensured.
"Whether because of impairment or otherwise, Mr McKay has not attended court and extradition processes have been required on two previous occasions at significant costs from a resourcing perspective," she said.
"The pattern of conduct is such that I just have no confidence that any bail condition that might be crafted will see the defendant come to court."
Bail was refused and the matter is scheduled for return on October 28.
On Friday, the charge of recklessly inflicting grievous bodily harm was replaced with causing grievous bodily harm and assault occasioning actual bodily harm to which McKay pleaded not guilty.
He also faces another and fresh count of failing to appear as part of bail to which no plea has been entered.
During his previous court appearance, he represented himself for a bail application.
He initially engaged in a shouting match with special magistrate Margaret Hunter, who called him an "idiot", before he promised the court he would attend "in the flesh".
