Benjamin James Warwick released on bail despite ‘shocking record’ after pleading not guilty to stealing

A South West man who was accused of stealing a bike from a home in Dalyellup has been released on bail despite having a “shocking record” and similar tattoos to CCTV evidence. Benjamin James Warwick appeared in Bunbury Magistrates Court via video link on Monday and pleaded not guilty to two counts of home burglary and one count of stealing. It was alleged that on January 3 Mr Warwick entered the garage of a home in Dalyellup just after 5pm while the owner was home. The court heard CCTV filmed the accused walking towards two bikes before the owner of the home walked into the garage and spotted Mr Warwick. It was alleged the owner confronted Mr Warwick and Mr Warwick “asked to use the toilet” but was refused and told to leave. Only minutes later, it was alleged the accused entered the garage of another house along the street, where the owner was in the backyard at the time. CCTV allegedly captured footage of Mr Warwick taking a bike from the garage and immediately riding away. The court heard police matched Mr Warwick’s tattoos to the tattoos of the person in the CCTV footage. The accused, who was very verbal during his hearing and at one point was told by Magistrate Benjamin Tyers to “just be quiet”, tried to defend his arrest and accused the police of “jumping the gun.” “Only two lines of that tattoo is similar to mine . . . I know a lot of people with similar tattoos,” Mr Warwick said. “I couldn’t even ride a bike at that time.” Represented by duty lawyer Alex Collins, the accused applied for bail to attend a residential rehab facility to deal with his alcohol addition. The court heard Mr Warwick had ongoing health issues related to a head injury, for which he was put in an induced coma last year, and was overcoming an alcohol addition sparked by a relationship breakdown. Mr Warwick had also been homeless for a matter of time before being taken into custody. Mr Tyers appeared frustrated over the bail conditions, as the CCTV footage and photos of the tattoo were not strong enough evidence to link the accused to the alleged robber. Mr Tyers said he faced an “impossible” choice whether to grant Mr Warwick bail based on his history of offending. “You have a shocking record,” Mr Tyers told the accused. “If police are right, you would go to jail for three-odd years.” Mr Warwick was granted bail with strict conditions to reside at the rehabilitation clinic in Brunswick full-time. The accused also was expected to pay a $2000 personal undertaking before he was able to leave custody with his support worker. Mr Warwick will reappear in Bunbury Magistrates Court on March 31 for trial allocation.