VicPD say that charges have been laid against a man for allegedly throwing a live smoke grenade in Ocean Garden Restaurant on Fisgard Street.
Additionally, the same man is alleged to have committed another offence toward the same business in which he threw a rock through the window.
According to police, the man faces one count of mischief and one count of breach of undertaking, which means failure to comply with court-ordered conditions.
Just before 8:30 a.m. on Wednesday, August 7th, VicPD say they received a call from a witness who observed a man smash the front door of Ocean Garden Restaurant with a rock.
Police arrived and reported that the man fled. Officers then identified, located and arrested the suspect within two hours of the incident.
Police say that the man’s charges are not yet fully approved, as the investigation is still being finalized.
Following this first incident, the accused was reportedly released with conditions not to return to the business and to attend a future court date.
VicPD says he was released because of Bill C-75, which came into effect nationally in 2019.
This legislation requires police to release an accused person at the earliest possible opportunity after considering certain factors which include the likelihood the accused will attend court, their risk to public safety and the impact on confidence in the criminal justice system.
“At the time of the first incident, there was no reason to believe the accused would not meet any of the criteria, so to comply with the legislation, he was released,” said VicPD in a media release.
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The second incident occurred at approximately 2 p.m. the same day as the first offence, just hours after the suspect’s release.
Officers say they responded to a call in which a smoke grenade had been thrown inside the same restaurant, Ocean Garden Restaurant.
However, there was a delay in receiving the report, so once VicPD officers arrived, the building had already been evacuated.
Police say they believe over 30 patrons were inside the restaurant when the smoke grenade was thrown inside.
VicPD are now alleging that the same suspect was responsible for both offences.
The suspect was then located and arrested a second time, in the 2900-Block of Douglas Street just after 9:15 a.m. on Friday, August 9th.
Once again, after charges were laid, the accused was released with conditions and a future court appearance.
Police say that as the matter is now before the courts, further details are not available.
