Bail for alleged anti-masker after she covers her face for court date
A woman accused of refusing to wear a mask and coughing over people in a cafe has been granted bail despite police concerns that she only covered her face to be released from custody.
Mandy Crerar, 58, is accused of entering a Frankston cafe without a mask on August 11 and coughing over a customer, and then screaming she was a "sovereign citizen" when asked to wear a mask. Police also allege she resisted arrest, scratched an officer and repeatedly yelled "rape, rape" as they tried to handcuff her.
Police prosecutor Glenn Horman told Frankston Magistrates Court some people inside the cafe "could feel spittle come on their faces from the accused", whose alleged conduct was frightening.
Police are also concerned that Ms Crerar refused to be tested for coronavirus in the two weeks she spent in custody and say she only wore a clear plastic face shield while appearing before the court on Thursday in order to get bail.
At one point Ms Crerar shook her head when Magistrate Timothy Gattuso mentioned the allegation that she had coughed on others.
Mr Gattuso acknowledged there were risks in granting bail but said they could be minimised if Ms Crerar complied with bail conditions. Ms Crerar said she was prepared to wear a mask if released, and her partner, Andrew Lane, told the court he was "absolutely certain that she will comply".
"She told me herself she will comply," Mr Lane said.
Ms Crerar was granted bail on a $5000 surety and on conditions she wear a mask whenever outside her Frankston home, abide by the nightly curfew, come to her front door if police check on her and undergo a mental health assessment. She is due to be released on Friday.
Mr Gattuso told the accused woman the pandemic did not discriminate between sovereign citizens and others, and that police would not tolerate any bail breach.
"If you are going out without a mask you are not only breaking the law, you are at risk of spreading the virus if you have it ... or of getting it yourself and putting you and your partner, Mr Lane, at risk," the magistrate said.
Police opposed bail over concerns Ms Crerar would not abide by the rules about masks, would intentionally cough on people and return to the cafe to intimidate staff and customers.
"Today is the first time she has agreed to wear any protection over her face and I would be submitting that the only reason she is wearing it today is to get out of custody," Leading Senior Constable Horman said.
Ms Crerar is charged with failing to comply with the government's pandemic rules, unlawful assault, resisting arrest and affray. Police allege her conduct in and outside the cafe constituted a count of affray through unlawful violence that put everyone in fear of her.
Defence counsel Christopher Terry said it was unlikely police could prove the charge of affray, and Mr Gattuso said the case was a "novel one", although he said that didn't mean it was weak.
Police say Ms Crerar refuses to recognise state or federal laws. Mr Gattuso noted that although Ms Crerar considered herself a sovereign citizen she was still reliant on the Bail Act and her partner needed government assistance for a debilitating back problem.
Ms Crerar is not due to front court again until April next year.
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