A Blue Mountains man found drunk on a busy Wollongong street on Tuesday afternoon had been ordered by a magistrate not to drink in public only four days earlier, a court has heard.
James Andrew Cleary, 45, fronted Wollongong Local Court yesterday charged with breaching the bail conditions he had agreed to abide by when released from Sydney’s Central Local Court last Friday on serious driving offences.
The bail conditions included that he not be intoxicated in a public place and that he live at a rehabilitation centre near Kempsey.
However, police claim they found Cleary in a heavily intoxicated state on Corrimal Street at 3pm on Tuesday – a clear breach of his bail, they said.
‘‘The accused appeared to be well affected by alcohol and was spitting and struggling with police on the footpath area,’’ police documents before the court allege.
‘‘The accused’s speech was extremely slurred and he smelt of intoxicating liquor.’’
Police claim when Cleary was taken back to Wollongong police station he became violent and aggressive, punching and kicking the walls and threatening to harm police.
It is also alleged at one stage Cleary pulled his genitals from his pants and began to fondle himself while shouting out to officers, including making a lewd comment to a female constable.
Facing court yesterday, Cleary admitted he had a significant alcohol problem and said he was horrified at what he had done.
‘‘I don’t remember much of what happened,’’ he said. ‘‘I really need to address this problem [of drinking] Your Honour. I need some support.’’
Cleary’s lawyer Jonathan Kearney asked Magistrate Michael Stoddart to consider releasing his client on bail, saying Cleary would report to police daily, could live at a house in Thirroul and would agree to forfeit a sum of money if he failed to comply with his bail again. However Magistrate Stoddart refused to release Cleary from custody, saying his criminal record showed several breaches of previous court orders.