Former West Coast Eagle player Daniel Kerr has been remanded in custody accused of breaching a restraining order taken out by his former wife.
Kerr is alleged to have sent two text messages to Natasha Pozo on Saturday and Sunday.
In a bail hearing this morning, the police prosecutor told the court Ms Pozo interpreted one of the messages as a threat and subsequently repeatedly tried to contact her former husband, who it was alleged laughed and hung up on her.
However the court heard he did eventually speak to her in a conversation that was recorded.
It is alleged that in the call he said he was “at the point of snapping”, and was going to “slit your throat” and “rape your mother”.
Kerr’s lawyer Rhett Williamson told the court his client maintained the text messages were not in breach of the restraining order, because he was allowed to contact his wife about getting access to his two daughters.
He said Kerr, who was affected by alcohol, then tried to ignore his former wife’s persistent calls but eventually spoke to her out of sheer frustration.
Mr Williamson said he did not yet have a copy of the recording, and was concerned police may have “cherry picked” aspects of the conversation.
He said Kerr believed Ms Pozo was using the restraining order against him as a tool to stop him seeing his children.
“He wants nothing to do with this lady. He just wants to see his children,” Mr Williamson said.
Mr Williamson also queried the allegation the text messages were sent on different nights, saying he believed they were sent on the same evening.
Police opposed bail saying Kerr was fined last year for previous breaches of the restraining order.
He is also currently subject to a 12-month suspended jail term for threatening to set fire to two people in Glendalough in November 2014.
Magistrate Richard Huston refused the bail application saying while Kerr was presumed innocent, he was not satisfied there were any conditions he could impose that would stop him reoffending.
He also said if Kerr was convicted of the charges, there was a likelihood he would be imprisoned because of his prior record and because he was already on a suspended jail term.
Kerr is due back in court in two weeks.
He played 220 games for the West Coast Eagles before retiring at the end of the 2013 season.
He was twice runner-up in the Brownlow Medal.