Fear of prison hard man Matthew Massey is not a reason for bail

Kalonga Chifuntwe, 23, cited concerns for his safety if locked up with criminal Matthew Massey as a special or exceptional circumstance during a bail hearing in the ACT Magistrates Court on Tuesday.

But Magistrate Karen Fryar rejected the application.

"Quite frankly, if Mr Massey was the reason for not putting anyone in custody, we'd only have Mr Massey in custody," she said.

Chifuntwe, of Monash, was charged with possession of stolen property, driving while unlicensed, possession of a prohibited weapon, failing to provide a drug test sample, and driving a stolen car.

The court heard he had been arrested on Monday after police allegedly found him unconscious behind the wheel of a damaged stolen car about 7.20am in Tuggeranong.

A police informant said the accused had been initially unresponsive and then spoke with a slur and had bloodshot eyes when roused.

He tested positive to a drug screening, but later refused to provide a second sample, the court heard.

The informant said officers located an ornamental knife on the driver's side floor and drug paraphernalia, including deal bags and scales.

The court heard Chifuntwe claimed he had bought the car – which had been stolen days earlier – from a friend.

Under cross-examination, the informant said the accused had not acted as though he had been asleep.

Chifuntwe is also facing property and fraud charges and was on bail with the condition he observe a curfew extended until 8am.

The fresh charges put Chifuntwe in breach of his bail, which means he needs to show special or exceptional circumstance to be granted conditional release.

The defendant applied for bail on Tuesday, citing an incident in August allegedly involving Massey as the circumstance to grant bail.

Massey – who has spent much of his adult life behind bars – has a reputation in the underworld for being a hard man.

Chifuntwe's barrister, Teresa Warwick, said Massey was currently at Canberra jail and her client feared for his safety if he were locked up in the same facility.

Ms Warwick said imposing fresh non-association conditions, along with the existing curfew and daily reporting, would mitigate risks of further breaches.

But the prosecution opposed the bail application, arguing Chifuntwe had not met exceptional circumstances.

Ms Fryar agreed, saying the jail would be empty if a fear of Massey constituted a special circumstance.

The magistrate assured Chifuntwe that the jail would work to keep him safe while in custody.

Ms Fryar also noted the circumstances in which the defendant had been found concerned her.

She said it appeared he had breached his bail by being under the influence and breaking curfew.

Ms Fryar said the weapon and crashed stolen car created fears he could reoffend if granted bail.

Chifuntwe will reappear next month.