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Guitar theft claim as court hears ...

A MAN accused of breaking into a property while its owner slept and stealing two guitars was arrested after police allegedly found his fingerprint on a coffee cup at the victim’s home.

Geelong man Troy Fox, 45, fronted the Geelong Magistrates’ Court yesterday charged with aggravated burglary, trespassing, theft, assault and other offences.

In a police summary tended to the court informant, Detective Senior Constable Bianca Shirra alleges Mr Fox stole two guitars worth $1500 from a Ryrie St apartment.

It’s alleged Mr Fox met the victim when he and a co-accused went to the man’s Ryrie St property for drinks on August 17.

It’s claimed the three man sat in the front room of the apartment drinking alcoholic beverages and playing guitars belonging to the homeowner’s former housemate.

Police allege the trio stopped drinking around 3am when the two men left and homeowner went to bed.

Just over four hours later, while the homeowner was still asleep, the co-accused Raymond Burr was allegedly spotted standing in the doorway of the property.

It’s claimed the victim woke up and asked what was going on, to which Mr Burr said “Don’t worry about it, it’s all good”.

Police allege the victim saw two figures, one believed to be Mr Fox, carrying guitar cases out the front door.

The summary states the victim ushered Mr Burr out the front door and saw three guitars near a silver a car.

Det Shirra alleges the victim said “The guitars are not yours” before Mr Fox, known as Burr’s uncle, aggressively said “They are now. F--- off” while jabbing at the other man’s lip.

“The victim kept hold of the guitars and heard (an) unknown female state ‘You are going to have to get the gun, get the gun’,” the statement filed by Det Shirra read.

The court heard the Mr Fox and the unknown woman allegedly left the scene with two electric guitars.

Police were called and searched the alleged victim’s apartment and allegedly found Mr Fox’s fingerprint on a coffee cup.

He was arrested on Wednesday in the Little Malop St and allegedly had an imitation firearm, imitation round of ammunition, a kitchen knife, a pocket knife and ID cards in the names of multiple people stuffed in his backpack.

In applying for bail Mr Fox’s lawyer Jonathan Barreiro raised identity as a possible issue and claimed the prosecution case for the aggravated burglary charge was not overly strong.

Mr Barreiro said his client was in regular contact with a mental health worker, lived in a caravan at the end of Mercer St and could comply to strict bail conditions if released.

But Magistrate David Starvaggi refused bail and instead remanded Mr Fox in custody to front court at a later date.