A former Ballarat police prosecutor jailed for family violence-related offences, including persistently breaching an intervention order, has been released on bail in the lead-up to his appeal.
A Ballarat magistrate sentenced Shaun Perry to five months in jail on December 7 for contacting the victim hundreds of times by phone calls and text messages, visiting her at her house and damaging her mobile phone.
The 50-year-old was bound by an intervention order and on a two-year community corrections order when the offending occurred in August and September.
He pleaded guilty to eight charges, including criminal damage, committing an indictable offence while on bail and three counts of persistently breaching an intervention order.
On Thursday at the Ballarat Magistrates Court, magistrate Letizia Torres released Perry from custody with strict bail conditions.
Ms Torres agreed with the prosecution there was a risk Perry would reoffend, but she said the appeal hearing would not be held until early next year – possibly February or March – and his release date was February 25.
“There is a risk he will reoffend but in all of the circumstances it’s my decision I will grant appeal bail,” Ms Torres said.
Perry’s father, Kevin Perry, told the court his son’s health had been deteriorating on a daily basis with post traumatic stress disorder and a rare medical condition.
He said Perry would live with him in Ararat if he was granted bail and he would help get his life back on track.
Mr Perry said any property or possessions issues currently occurring between his son and the victim would be dealt with by a solicitor or police officer.
The prosecution did not want the former Leading Senior Constable released on bail because he had breached court orders previously and he would “treat another court order with contempt and do what he wants like he has in the past”.
Perry breached an intervention order when he went to the victim’s house at 11.50pm on August 6, resulting in a verbal argument and damaging her mobile phone.
Between August 21 and September 20, Perry contacted the victim on 349 occasions over 31 days by phone call and text message.
His bail conditions include to live at a static address, report to police three times a week and comply with an intervention order.
Perry’s appeal hearing will be held at the County Court on a date to be fixed.