A truck driver accused of dangerous driving causing the death of an 18-year-old cyclist in Golden Square, has had his bail revoked.
Matthew Gray, 41, faced the Bendigo Magistrates Court on Thursday, charged with breaching his bail conditions.
Mr Gray was granted bail on July 2, 2019, after being charged with dangerous driving causing death following the June collision that killed Michael Keating.
The strict bail conditions included not being allowed to operate a motor vehicle or use a drug of dependence
Other conditions included a curfew between 9pm and 7am, where Mr Gray was not allowed to leave his set address during those hours without his mother.
Major Collision Investigation Unit Detective Senior Constable Ben Oliver told the court, Mr Gray reported to the Bendigo Police Station on August 15 that his motorbike was stolen.
DSC Oliver said Mr Gray told an officer at the station while he knew he was not allowed to drive a motor vehicle, he rode his bike every day.
Mr Gray also told the officer he knew the bike had 168 watts of power and could reach speeds of about 65 kilometres per hour.
According to VicRoad regulations, the bike must not have power exceeding 200 watts, it must have pedals, and it cannot exceed speeds of six kilometres per hour.
DSC Oliver told the court Mr Gray's bike was a Sur-Ron Light BX model, which has 6000 watts of power.
The manufacturer told DSC Oliver that model could reach speeds of 80 kilometres per hour.
The court heard Mr Gray also does not have a motorbike licence.
"It is clear to investigators that the accused knew it was a motorbike," DSC Oliver said.
"The accused demonstrated a lack of appreciation or care for his bail conditions. He showed that he cannot comply."
The court heard Mr Gray also posted a photo on Facebook of the bike, with the caption, "about to go prospecting. No licence, no worries."
Defence counsel Luke Docherty said Mr Gray would have been "stupid" to post online about driving without a licence.
"Stupidity is the reason for most of the work in court," Magistrate Michael King said.
Mr Docherty said Mr Gray had been given a user manual when he purchased the bike, which indicated it complied with the VicRoads restrictions.
"He had the honest and reasonable belief that it had only 168 watts of power," Mr Docherty said.
But Mr Docherty conceded Mr Gray had not contacted VicRoads to see if the vehicle was suitable.
The court heard Mr Gray also did not report at his address when police conducted a curfew check on the nights of October 11 and 12.
"Investigators are certain there would be other dates as well," DSC Oliver said.
Mr Gray's step-father, who was at the address at the time, told police Mr Gray was at another property.
But Mr Docherty said Mr Gray had been with his mother in hospital on the nights he allegedly breached the curfew.
Dr King said there was no evidence to confirm Mr Gray had spent the whole period of curfew with his mother.
The Magistrate said the allegations were serious and Mr Gray would have to show exceptional circumstances to maintain his bail.
Mr Docherty said Mr Gray had complied with his court integrated services program and had provided clean weekly drug screens throughout his bail period.
But Dr King said exceptional circumstances had not been met.
"This was a blatant disregard for your bail conditions," the Magistrate said. "The conditions of bail were set to protect the public.
"It's clear you didn't abide your obligations in a respectful manner."
Mr Gray's bail was revoked and he was brought into custody.
He will appear again before the Bendigo Magistrates Court in January for a committal hearing.
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