A man was at large in Canberra for more than a day after allegedly entering the ACT without the necessary health exemption, having travelling from coronavirus-riddled Victoria, according to court documents.
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Simeon Cassar was refused bail on Friday after a magistrate found that releasing him could still endanger the community, despite the 41-year-old having tested negative for COVID-19 since his arrest.
Mr Cassar, of no fixed abode, is the first person to be charged under the Public Health Act with failing to comply with COVID-19 health directions in the ACT.
Documents tendered to the ACT Magistrates Court say police stopped Mr Cassar at a checkpoint in Victoria about 1.10am on Wednesday.
He was driving between Wodonga and Albury, heading towards the closed NSW border, according to police.
Officers refused to allow Mr Cassar into NSW because he did not have a permit, and police say he appeared to head back towards Wodonga in Victoria.
But about 9am on Wednesday, police in the ACT "received information" that Mr Cassar was living at the Aboriginal Tent Embassy in Parkes.
Officers did not arrest Mr Cassar there until about 11.20am on Thursday.
Video of the arrest shows officers in face masks asking Mr Cassar whether he had come from Victoria.
The 40-year-old can be heard responding: "Have I come from Victoria? I'm not answering questions to corporate police, OK?"
Since July 8, it has been an offence for non-ACT residents coming to the territory from Victoria to enter without receiving an exemption from the ACT chief health officer.
More than 200 exemptions have been granted so far, including for compassionate reasons and essential work.
In court documents, police allege that Mr Cassar did not seek the required approval to enter either the ACT or NSW.
"The defendant ... was subject to the conditions of border control requiring him to remain in Victoria," the documents say.
"The defendant has also made no attempt to self-isolate and quarantine as required under the [Public Health Emergency] Direction."
Because of concerns about his health, Mr Cassar did not appear in the ACT Magistrates Court when his case was called on Friday afternoon.
Legal Aid lawyer Solitaire Zahnleiter, appearing on Mr Cassar's behalf, said he had tested negative for COVID-19.
But she said there would be a number of follow-up tests before Mr Cassar was completely cleared of infection.
Ms Zahnleiter told the court that after arriving in the ACT, Mr Cassar had bought a tent at Tent World in Fyshwick and taken it to the Tent Embassy with the intention of self-isolating.
She said he had not fully understood his legal obligations, and stressed that failing to comply with a direction from the chief medical officer was a fine-only offence.
Ms Zahnleiter applied for Mr Cassar to be released on bail, saying he was "willing and able" to complete the mandatory quarantine period.
She said he could do this at the Tent Embassy or find other accommodation if the court deemed that more appropriate.
She said Mr Cassar wanted to attend a number of Aboriginal functions in the ACT between now and early September.
He then planned to go to Brisbane, which was where he would ordinarily live.
Magistrate James Lawton refused bail. He said while Mr Cassar was charged with a fine-only offence, there was still a likelihood ahead of further COVID-19 tests that Mr Cassar would endanger the safety or welfare of anyone if released at this stage.
"It's the community at large that I have to be concerned about," Mr Lawton said.
"The paramount concern has to be for the community."
Mr Lawton said he would revisit the matter on Thursday next week.
In a statement, Detective Superintendent Jason Kennedy said there were serious concerns about the risk Mr Cassar posed to the community.
"We take the safety of the Canberra community seriously, especially those who may be at higher risk of health complications," the commander of the ACT Policing COVID-19 Taskforce said.
"ACT Policing had serious concerns about the significant health risks this particular individual posed to our community by not complying with the health directions.
"ACT Policing will continue to take all necessary action to prevent the spread of COVID-19."
