Hardy said he was not prepared to leave the young woman in charge of her father and stepmother in Ballarat without a support program behind her, but that she would hear a renewed request once there was a support program.
When his link was activated, Fagan told the magistrate, “I don’t want to be here. I want to be the person I wanted to be when I was little. “
“I love you, Dad,” she cried through tears to her father and other family members who were looking at a link.
Hassan’s son was also looking at a separate link.
Hardy previously found that there were exceptional circumstances that warranted bail because Fagan is a young Indian woman who faced a long delay before her case was closed. The magistrate said that if Fagan chooses to challenge the case, he may not be heard by a county court jury until well into 2024 due to the backlog of cases in the courts.
But Hardy found that Fagan was unable to remove the second hurdle of posing an unacceptable risk of driving if dropped without a support program and therefore posed a danger to the public.
“In addition to caring about you, and I am, I also need to care about the community,” Hardy told him.
Fagan faces a number of other charges for his driving since August last year. Next week he will have to appear before another magistrate on these matters.
Police allege that at around 12.45pm last Thursday, Fagan was driving three passengers in his white Audi when he did not give in and hit Hassan’s golden Honda at the intersection of Links and Glengala roads. The impact forced the two vehicles into two parked cars.
Fagan told the court last Friday that he was left with Hassan seriously injured, although his passengers fled and tried to help him.
But police allege that Fagan denied officers she was the driver and gave a false name and address. Another woman, believed to be a passenger, later contacted police and reported that Fagan was driving.
Senior Detective Jason Barry-Bassett told the court on Tuesday that investigators had obtained CCTV footage from that morning showing Fagan exiting and re-entering the Audi through the driver’s door for half an hour before the crash. , while the car was parked.
However, the detective admitted that it was difficult to identify people inside the car when the doors were closed.
Police allege that Fagan was carrying a kitchen knife in his handbag after the crash in Sunshine West and that he was also in possession of the drug Xanax. He is separately charged with assaulting an emergency worker on Anzac’s day while on bail for other crimes.
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