The man shot in a suspected reprisal attack after starting last year's infamous Kokomo's brawl has been repeatedly disciplined in jail for fighting, defacing his cell and clashing with guards, a court has heard.
Maximilian Ellis Kurt Budack, 27, failed in an application for bail in the ACT Magistrates Court on Monday morning.
His appearance came on the first anniversary of the nightclub fight that culminated in knife-wielding co-offender Frederick Elijah Mercy Tuifua murdering Canberra bikie boss Pitasoni Ulavalu.
Budack, a local security guard and personal trainer, has been behind bars on remand since turning up at Calvary Hospital with three bullet wounds and being arrested early last August.
He is due to be sentenced this September, having pleaded guilty to affray over the Civic nightclub stoush that erupted after he quarrelled with Comanchero gangsters and they took his bag.
The man has also admitted assault occasioning actual bodily harm after taking part in the brutal November 2020 prison yard bashing of a suspected paedophile, who was left with "shoeprints on his face".
Wearing a grey prison jumper, Budack appeared in court via audio-visual link from the Alexander Maconochie Centre.
The 27-year-old's barrister, AJ Karim, said Budack had probably already served all or "a substantial portion" of any custodial sentence that would be imposed for his offending.
Mr Karim said Budack's mother was willing to provide a $10,000 cash surety to secure bail for the man, who had "close community ties" and a job waiting for him upon his release from jail.
He told Chief Magistrate Lorraine Walker a series of "strict and onerous" conditions could be put in place to address any concerns the court may have about reoffending or failing to appear.
Budack was someone with a "very limited" criminal history, Mr Karim argued, adding that the 27-year-old was "not an individual who has demonstrated a continuing attitude of disobedience".
But prosecutor Luke Crocker disagreed, saying disciplinary records provided by ACT Corrective Services told a different story.
He said six "incident reports" had been compiled about Budack's bad behaviour despite the man having spent less than a year on remand.
Mr Crocker also said Budack had accepted the allegations against him and the associated sanctions in relation to all but one of them.
Ms Walker noted that the records showed the episodes involved "the defacing of [his] cell", "inappropriate engagements with correctional officers", and "fighting in the institutional environment".
Pictures of Budack's cell, tendered to the court, show the words "HAHA" and "MEOW" painted all over the walls and ceiling, along with small human and feline stick figures.
Mr Crocker went on to say Budack's sentencing would be a complicated exercise given both his crimes involved numerous co-offenders, some of whom had already been sentenced.
"It's certainly not a fait accompli that that [Budack] will receive a sentence amounting to time served," the prosecutor told the court.
Ms Walker ultimately refused bail, saying she was not convinced the special or exceptional circumstances required to grant it in Budack's case existed.
She noted that he had already spent "a very considerable period" in jail and, while she could only estimate, he was probably "coming close" to the time he would be required to serve in custody.
Budack is due to be sentenced on September 23, together with two of his Kokomo's co-offenders; brothers Matthew and Osaiasi Kupu.
Tuifua is expected to front the ACT Supreme Court for sentence in November.
One man, who cannot be named for legal reasons, has already been sentenced to a partially suspended jail term of six months.
Another, whose identity has also been suppressed by the courts, intends to fight an affray charge at a hearing early next year.
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