Accused to stay in jail, offer to wear tracker not enough
A 57-YEAR-OLD man accused of strangling his former partner in a violent attack, allegedly witnessed by the woman's nine-year-old daughter, has been refused bail.
Appearing via videolink in the Bundaberg Magistrates Court, the man made an application for bail on the grounds that he would live in Brisbane, more than three hours away from his former partner.
Defence lawyer Craig Ryan told the court his client would be "strenuously defending” the claims.
Mr Ryan also argued that, if granted bail, his client could wear a GPS tracker.
The court heard that anyone required to wear a GPS tracker when released on to bail needed to report to a 24-hour police station within 24 hours for a fitting, and then return within three days to have the GPS fitted.
But Magistrate Belinda Merrin said the fitting of a GPS tracker could not be taken into account when considering bail.
Saying she had taken submissions into account, including police prosecutor Sergeant Dean Burgess's objection given the seriousness of the alleged offending, Ms Merrin rejected the bail application.
She said the allegation was a "protracted act of significant violence” with the 57-year-old man accused of damaging his former partner's property before strangling her in front of her daughter.
Ms Merrin went on to say that at the time the man was allegedly so drunk that he was passed out and was unconscious when police arrived, and needed to be hospitalised for two days.
The court also heard the man was accused of having had such an influence over his ex that she initially declined to file a complaint after he allegedly "threatened to kill her should he end up in jail”.
Ms Merrin went on to say that it was clear the accused had drug and alcohol issues, but the bail application made no mention of how he planned to address those issues.
The court heard that another bail application could be heard at a later date if circumstances changed and the accused became at risk of serving more time than required even if he were to be found guilty, but Ms Merrin said that period had not yet been reached.
"It cannot be said as yet he's served an excessive period,” she said.
The matter was adjourned until May 10.