Court hands Berlin second warning
MACLEAN identity John Xavier Berlin has claimed to suffer from serious psychological disorders after police charged him with a second count of intimidation yesterday.
Police raided Berlin's McLachlan Street unit on Wednesday after Australian man Michael Neville complained to police that Berlin had used the internet to harass him.
Mr Neville, who is based in the US, was also named as the victim in Berlin's earlier alleged intimidation offence, which he was charged with after police raided his Maclean home in October.
Berlin has now being charged with two counts of intimidation used to cause fear and mental harm.
He was also charged yesterday with possessing a NSW police uniform; selling police insignia; using police insignia, and having suspected stolen goods in custody - the goods being a Queensland police uniform.
Police allege they found NSW Police-issue uniform items in Berlin's possession, as well as a credit card that had a NSW police insignia on it and the title 'Detective Chief Inspector John X Berlin'.
The victim of Berlin's alleged harassment is licensed to sell framed replica historical badges of the Australian state police forces.
Berlin, who has been charged under the name John Paul Breslin, was granted conditional bail at a hearing in Grafton Local Court yesterday.
The 59-year-old appeared at court dressed in shorts and tee-shirt, his head covered with a hat. He used a cane to walk and wore prescription glasses.
He tried to talk from the dock on occasion, but was told to be quiet by the duty solicitor representing him, Neil Johnson, and the registrar in charge of proceedings, Chris Darby.
Police representative Sergeant Chris Tuite told the registrar that police opposed bail as Berlin was already on bail for intimidation when he allegedly committed the offence again.
Sgt Tuite said Berlin had broken his earlier bail conditions by contacting the victim on the internet.
But Mr Johnson said it should be remembered that Berlin had not admitted to sending the internet messages.
He said Berlin told him he had an appointment today with a doctor in Ballina, and the doctor would likely refer Berlin to a mental health clinic.
Mr Johnson said Berlin claimed to suffer from multiple personality and bipolar disorders for which he needed treatment. For that reason, it would be beneficial to release Berlin on bail.
The registrar agreed, granting Berlin bail on condition that he does not contact or harass Michael Neville or his family.
“If you break this bail, then be rest assured you won't be going home. You will be going to a cell in Grafton jail,” Mr Darby said.
Berlin is scheduled to appear at Maclean Local Court on Wednesday. Mr Johnson said Berlin may not be able to attend on that date if he was in a mental health clinic.
Mr Darby said it was up to Berlin to inform the court if that was the case.
“If you break this bail, you won't be going home.”