A TAMWORTH publican has again been denied bail after a court heard he allegedly sent threatening emails and forced the evacuation of the city's courthouse, after he claimed it would be the "only thing left" when he had "finished with them".
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Michael Foxman was charged with a fresh allegation at Tamworth Local Court on Friday, as he appeared via video link from the Sydney prison where he's being held.
Foxman is now accused of using an email to threaten, harass or offend on September 25; and now a second allegation centres on Foxman allegedly threatening a police prosecutor in his conduct as a public justice official on September 28 in connection to a judicial proceeding, namely the court case involving Foxman. He is yet to enter pleas.
He was on bail at the time of the new allegations on four other matters, which had been set down for hearing and sentence on Friday.
"Your Honour, I can't stay in [prison]," Foxman told the court. "You're exposing me to a dangerous environment."
"I've been exploited for $10,000."
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Legal Aid solicitor Rae Parker asked for his hearings and new charges to be adjourned for two weeks so they "can process his formal application for Legal Aid".
"Obviously there is a conflict with the magistrate that resides here permanently," Magistrate Peter Thompson said, examining the papers.
Foxman argued the alleged threat in the new charge was a "letter of demand merely instructing that I'm suing the courts".
He said he had been subjected to "an extreme gross miscarriage of justice"; "I did not put any threat to any employee"; "I did not organise any sex show," and "I can't handle anymore time in jail".
"Mr Foxman this doesn't help you," Ms Parker interjected, asking for him to remain quiet, and the case to be adjourned to next month.
Foxman claimed he is being extorted for $10,000 by fellow inmates; wasn't receiving his proper medication; and had suffered multiple allergy attacks in custody.
The court heard his family had been threatened over the phone by fellow inmates, which had been reported to police, and now have been referred to prison authorities by Mr Thompson.
Foxman was self-represented for his bail application, and in front of his sister who tendered medical evidence to the court, Foxman claimed that "millions of dollars we've invested in that city [in Tamworth] we've lost it all".
Foxman made a bail application after his arrest in Sydney in late-September and had to show a change in circumstances - but it failed to convince Mr Thompson.
There is nothing grandiose with my views. This has stressed me out to the max.
- Accused Michael Foxman
The court heard medical evidence included Foxman's diagnosis of "acute hypomania".
"My position is evident with Virigin [Airlines] no longer being in Tamworth," Foxman told the court.
"There is nothing grandiose with my views.
"This has stressed me out to the max."
Mr Thompson said Foxman "clearly ... disputes all of the evidence"; "he says that there is large conspiracy against him".
Mr Thompson said the email stated "'Tamworth courthouse is all that is going to be left by the time I'm finished with you' ... in bold letters".
"It ends with the words that '3pm today is your d-day'," he told the court.
'Tamworth courthouse is all that is going to be left by the time I'm finished with you' ... in bold letters ... It ends with the words that '3pm today is your d-day'.
- Magistrate Peter Thompson details the allegation
"'You have been warned many times now' ... written in bold in the email.
"All of those could be, and clearly were seen by court staff."
He said on the police facts, they were threats perceived "to be legitimate" and "it appears the courthouse was evacuated by court staff".
"On the face of it a serious threat," Mr Thompson said, adding it was in relation to a judicial proceeding that was ongoing.
He acknowledged Foxman's hypomania diagnosis; and the fact that "what [Foxman] disputes is the intent".
"It is of concern that it interferes with the judicial process," Mr Thompson said.
"In all the circumstances, I am not of the view that there is a change in circumstances."
He said Foxman was on bail previously and his release "highlight(s) the risks of further offending", and "the danger he poses potentially to members of the community".
"Bail will be refused," Mr Thompson said.
Mr Thompson ordered a full mental health review in custody while police compile the brief of evidence.
When the bail decision was handed down, Foxman said he was "suing all judges at Tamworth court", claiming the magistrate had "made the biggest mistake of your life".
Foxman doesn't deny sending the email, the court heard, and said "there was never any threat of violence".
The court heard Foxman had sent more than 30 emails to the police prosecutor, the court, media and various government agencies alleging corruption in recent months.
Foxman said 22 of the emails related to his court cases; "eight of them relates to my intent to pursue legal action"; and three were emails notifications "like pursuing a debt".
He claimed "27,000 jobs have been disposed of because of this entire matter", and said two million jobs were at risk" with the bail application on Friday.
The police prosecutor confirmed the charges would be referred to both the NSW and Commonwealth DPP to take over.
The case will return to court in November.