By CAM LUCADOU-WELLS
A DANDENONG North serial drink-driver has been refused appeal bail after being jailed for 10 months for multiple charges of failing to answer bail, driving unlicensed and refusing a breath-test.
Police had taken the rare step of opposing bail after Kamil Farah lodged an appeal against the sentence handed down in Dandenong Magistrates’ Court earlier on Monday 13 July.
The charges compiled over the past two years also included possessing 10 ecstasy tablets and making a false report of an armed robbery.
According to a police summary, Farah’s car had veered to the wrong side of Cleeland Street and struck a stationary car at a Herbert Street roundabout in the late afternoon of July 2013.
Farah was described by police as argumentative, aggressive, unsteady on his feet, slurring his words and with glazed, bloodshot eyes.
At the time, Farah was subjected to an eight-month suspended jail sentence and his four-year driving disqualification period had yet to expire.
After twice refusing to take a breath test, Farah was arrested for public drunkenness and taken to Dandenong police station to sober up.
About 10.30pm, after his release, Farah was intercepted by police as he drove his car from the crash scene.
After several refusals, he gave a preliminary breath reading of 0.141.
He then rejected requests to supply an evidentiary breath sample at the police station.
Police prosecutor First Constable Tess Davison said on Monday 13 July that if Farah was released, there was a risk to public safety and that he wouldn’t appear in court – especially with the threat of a jail term.
Defence lawyer Cameron Baker said Farah was unlikely to drive while on bail since he didn’t own a vehicle.
He said on the occasion Farah was caught for unlicensed driving of a friend’s car, the applicant had opted for the “lesser of two evils” given he was chauffeuring the car’s “severely intoxicated” owner.
Magistrate Julie O’Donnell refused appeal bail, though noting it was rarely opposed by police and generally granted by magistrates’ courts.
She said the combination of thrice refusing a breath test, at least nine Road Safety Act offences as well as priors for unlicensed and disqualified driving made Farah a public safety risk.
“On his behalf, it was said the risk would be mitigated by not owning a motor vehicle,” Ms O’Donnell said.
“But against that, some of these offences are in other people’s motor vehicles.”
She said Farah’s eight outstanding arrest warrants suggested he was an unacceptable risk of failing to appear in court.
Ms O’Donnell was particularly concerned by Farah’s attempt to drive his car after refusing a breath test in July 2013.
Farah was remanded in custody until his scheduled County Court appeal on 11 September.
