Tourist de­nied bail

Whitsunday Times - - NEWS -

A 23-YEAR-OLD tourist on a work­ing hol­i­day visa, charged after al­le­ga­tions his car struck and killed a 46-year-old man walk­ing on Shute Har­bour Rd on Sun­day, has been de­nied bail.

Omer It­shaky faced Proser­pine Mag­is­trates Court on Mon­day morn­ing, charged with dan­ger­ously oper­at­ing a ve­hi­cle caus­ing death while ad­versely af­fected, as well as fail­ure to pro­vide spec­i­men of breath, dan­ger­ous drug pos­ses­sion and pos­ses­sion of uten­sils.

Pros­e­cu­tor Sheena Hayes said Mr It­shaky was an un­ac­cept­able risk of fail­ing to ap­pear in court and had “no ties to the com­mu­nity”.

“He was in a ve­hi­cle reg­is­tered in West­ern Aus­tralia, he was re­sid­ing out of that ve­hi­cle, which has now been seized by po­lice,” she said.

The court heard that Mr It­shaky was on a work­ing hol­i­day visa, which was due to ex­pire in Fe­bru­ary, and has resided in Air­lie Beach for the last four to five weeks.

Prior to ar­riv­ing in Aus­tralia, Mr It­shaky lived in Is­rael, where he com­pleted his mil­i­tary ser­vice.

De­fence lawyer Cleo Re­wald submitted an ap­pli­ca­tion for bail and said it would be be­tween eight to 12 months be­fore the mat­ter was dealt with in a higher court.

“He has $1000 in his bank ac­count of dis­pos­able cash and a credit card with $40,000 ... given he has ac­cess to funds it wouldn’t be dif­fi­cult for him to se­cure ac­com­mo­da­tion in the im­me­di­ate fu­ture,” she said.

“I agree at a min­i­mum he should sur­ren­der his pass­port, which is in po­lice pos­ses­sion, I also sub­mit re­port­ing con­di­tions should be in place.”

Mag­is­trate Si­mon Young de­nied bail as there were too many in­cen­tives for him to “cut and run”.

“I’m not sat­is­fied re­port­ing con­di­tions three days a week will ame­lio­rate that risk,” he said.

“He might have work but that might or might not be on­go­ing, with­out ties to the com­mu­nity or an ad­dress there is ev­ery in­cen­tive for him to flee.

“While I’m re­fus­ing bail it is not to say those mat­ters can’t be ad­dressed and fur­ther bail could or should be made once those is­sues are prop­erly ad­dressed.”

In­ves­ti­ga­tions are still in the early stage and pleas are yet to be en­tered.

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