A New South Wales man will be released from custody in Mount Gambier today after pleading guilty to illegally crossing into South Australia from Victoria two weeks ago.
Ismael Carrillo Florez appeared by video link in the Magistrates Court in Mount Gambier yesterday, charged with one count of failing to comply with a COVID-19 direction.
Mr Florez admitted he drove into South Australia on September 22 from Victoria and was caught by police at the Glenburnie border crossing.
The 45-year-old had a border pass to enter South Australia from his home state of New South Wales but failed to get the proper permission to enter SA from Victoria after his car broke down in Melbourne.
Border pass confusion
Currently, all travellers arriving from New South Wales are prohibited from entering the state, aside from essential travellers and some permitted arrivals.
All travellers from Victoria are also prohibited, aside from those with correct cross border community passes, essential travellers, and those escaping domestic and family violence.
Magistrate Maria Panagiotidis told Mr Florez she "understood it was outside your control" his car broke down in Melbourne, but he did not have the correct border pass to enter the state.
"But I did have permission," Mr Florez said.
"You cannot assume you'll get approved," Magistrate Panagiotidis replied.
The police prosecution said Mr Florez told police at the border he was "coming into South Australia one way or another".
Mr Florez, who appeared without legal representation, initially sought to be released on bail to his father's home in Adelaide.
The defendant said he was "very worried" about his father, and had been unable to get in contact with him.
Guilty plea
Later in the hearing, he decided to plead guilty to the charge having already spent 13 days in custody.
"I plead guilty, I suppose," Mr Florez said.
Magistrate Maria Panagiotidis sentenced him to 14 days' imprisonment, which was backdated, and fined him $395.
Both the magistrate and police prosecutor were unclear during court proceedings, on whether Mr Florez would be allowed to remain in South Australia.
Magistrate Panagiotidis said it was up to the defendant to get in contact with the correct authorities and helplines for advice.
She said despite Mr Florez having served the 14 days' quarantine while in custody it didn't give him "a status of any particular direction".
"I can't give you any assurances," the magistrate said.
SAPOL has been contacted for clarification.
