A carer at Child and Youth Protection Services (CYPS) accused of a Boxing Day burglary while already facing other charges made an emotional plea in court for bail to see his children for the first time in 12 months due to COVID.
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David James Cooper, 39, appeared via audio-visual link in the ACT Magistrates Court on Tuesday for aggravated burglary, going equipped for theft and unlawful knife possession.
Mr Cooper, of Monash in the ACT, has not pleaded to those charges, as well as to theft and unlawful possession of stolen property.
In a statement, ACT Policing alleges that Mr Cooper had broken into a Conder premises and stole several items on Sunday night.
About 10.40pm, Tuggeranong Station officers on patrol saw Mr Cooper riding an e-scooter in Conder with bags over his shoulder.
"The man rode away from the officers at speed before falling from the scooter," police said.
Officers caught up with him and found dozens of suspected stolen items in the bags, as well as a knife.
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The court on Tuesday heard that Mr Cooper allegedly had a small knife, torch and a lock-picking tool on the night in question.
During proceedings, he interrupted a number of times, saying he just wanted to go home and see his children.
"Your honour, I haven't seen my kids in over 12 months due to COVID," he said while crying.
"I just want to see my kids."
As he was already facing outstanding charges - another burglary and four related ones - before the fresh serious allegations, he had to show that special or exceptional circumstances existed for the granting of bail.
Duty defence lawyer Georgia Le Couteur said the circumstances were the chance to see his children for the first time in 12 months due to COVID, his role at CYPS and his fragile mental health.
Ms Le Coueter said his children entered the ACT only on Monday night and "he's been unable to see them".
"Seeing his children is of great importance to him and would significantly assist him with his further rehabilitation," she said.
Ms Le Coueter said that her client has had positive engagement with CYPS, which also requires him to undergo urinal analysis for drug testing.
She said his latest test came back as clean, which should give the court confidence about his future conduct.
Prosecutor Tahlia Drumgold said those factors did not amount to special or exceptional circumstances.
Ms Drumgold cited a previous case in which the judge said it was common for prisoners to suffer from mental health while in prison.
As for COVID and the impact on his children, she said the pandemic had been an issue for two years.
Magistrate James Stewart said none of the factors raised amounted to special or exceptional circumstances, either alone or combined.
Mr Stewart said that was because they all existed when the most recent series of alleged offending happened.
He also said that despite his role and responsibilities at CYPS, the defendant allegedly offended in a "very serious way".
After bail was refused, Mr Cooper told his partner, who was in court, to make sure "my kids get the PlayStation 5, please".
He is scheduled to front court again on January 12.
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