PROMINENT Tamworth hotelier Michael Foxman has been banned from contacting police or the courts after he was granted bail on Friday.
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Foxman has been held in maximum security at Parklea prison and appeared via video link in Tamworth Local Court on Friday to lodge a fresh bid for bail.
The application was granted by magistrate Peter Thompson with a long list of conditions that he stay away from the criminal justice system, police, and all employees of the Imperial Hotel in Tamworth - which he owns.
Foxman is still banned from coming to Tamworth, or within 50km of the city.
The court heard he is now represented by a Sydney solicitor and barrister, which was the trigger point that allowed him to be released.
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Foxman has bail on all matters, but was bail refused on his most recent charges, accused of using an email to threaten, harass or offend on September 25; and 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.
The court heard in September 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".
Barrister Catherine Lin sent a six-page letter of submissions to the court for bail, along with an affidavit from Foxman's mother. The basis of the application was to care for the 88-year-old.
Police prosecutor Sergeant Jodie Westman opposed bail, and argued if Foxman was released he would endanger the safety of the complainants, the community and "he will continue to commit serious matters".
She said on Friday Foxman would be charged by way of a future court attendance notice with a new matter under a security act for unlawfully providing security services at the Imperial Hotel between December 11 and January 26.
She submitted that there was nothing from the defence that address Foxman's heath, after he previously argued to be released, presenting medical evidence with a diagnosis of "acute hypomania".
'Who is looking after Mr Foxman?'
"My question is, who is looking after Mr Foxman and his clearly deteriorating mental health?" she said.
She said any failure to address his mental health "leaves the general community at risk of offending behaviour by Mr Foxman".
She argued the bail application was to care for his mother, but Foxman had allegedly made threats against police and the court and "these are serious matters".
"They strike at the very heart of the criminal justice system," Sergeant Westman said, and the "course of conduct, which was concerning and threatening".
Mr Thompson said he was prepared to grant bail, as long as Foxman was legally represented and would not have any direct communication with the local court system.
Sergeant Westman said making Foxman report daily "would put him back in touch with police".
"More of a risk," Mr Thompson replied.
Mr Thompson said if Foxman was legally represented it was a "significant factor", and "that's an essential and critical link".
List of bail conditions
He ordered Foxman to live with his mother in a Bondi unit under an 8pm to 7am curfew; not to enter Tamworth unless for court; he's banned from contacting witnesses, past and current Imperial Hotel employees, any court registry, or the Department of Justice staff, and prosecutors; and "you are not to contact NSW Police unless for a legitimate emergency".
He's still banned from accessing or using social media; must post $10,000 in surety; and give police his email addresses and mobile phone numbers.
"I accept there are still risks associated with Mr Foxman," Mr Thompson said, pointing to his serious mental health and acute hypomania diagnosis. He warned any breach of bail would be serious because the offences he is charged with "strike at the heart of the criminal just system".
"Is that abundantly clear Mr Foxman?" he said.
"Yes, it is," Foxman replied.
The case returns to court in January as Foxman builds his case to change his guilty pleas.
Foxman tried to change his guilty pleas for some of his matters in August, "in his own right" and was unrepresented, but it was rejected by another magistrate. Ms Lin told the court she would file a new traversal application.
"There was another letter that was forwarded by the brother of Mr Foxman to the court," Mr Thompson said.
"This continues to be a problem."
Mr Thompson warned Foxman that if he no longer instructs his barrister, "he will not be forwarding matters to the court", but will have to seek legal representation.
Mr Thompson told the court his primary concern was that Foxman would endanger the victims and the community; and interfere with witnesses, "particularly given the nature of the charges", but believed the risks could be mitigated with the strict bail conditions.