A man accused of breaking into a Bunbury restaurant with a crowbar and his co-accused have asked for release.
Dennis Paul Berry, 40, a father of two from Bunbury, appeared in Bunbury Local Court via video link on Thursday to face four counts of burglary, two counts of theft and one count of possession of stolen or unlawfully obtained property.
The court was told that one of the alleged break-ins took place at Lone Star Bunbury on June 4.
Prosecutors told the court that on June 4, Mr Berry and his partner allegedly jumped over a rear fence and used a crowbar to force their way into the venue before finding a safe and the cash register.
They are accused of fleeing on foot with $600 in cash, some meat and a four-pack of Jack Daniel’s alcoholic drinks.
Prosecutors said the alleged offences were recorded on video surveillance and that Mr Berry’s co-defendant, who is accused of attempting to break into the cash register by placing an order, was identified by Lone Star management as a former employee.
The other break-ins are said to have taken place on February 28 and between March 21 and 23. During a police investigation, suspected stolen goods were seized between April 13 and 15.
In his application for bail, Mr Berry’s lawyer stated that exceptional circumstances could be taken into account, including the current period of Mr Berry’s detention.
The court was told that the prison was understaffed and had limited access to a telephone, and that Berry’s mother was ill and the only person who could look after his two children.
His lawyer said the charges against Mr Berry were not convincing without further review of the evidence.
Judge Anthony Sullivan said he had received a covering letter confirming Mr Berry’s mother’s illness and the need to care for his children.
Mr Sullivan said the allegations were “concerning” and it appeared that Mr Berry had found himself in this situation despite his mother’s health.
Mr Sullivan said he would normally be inclined to refuse bail and that the only basis on which he would consider it would be the conditions of house arrest.
The case was adjourned to July 25 so that a report on the house arrest could be prepared.