A MAGISTRATE has granted the man accused of the striking death of a man at Gin Gin bail, despite police opposing the application.
Thomas Charles Kenyon, 52, appeared via videolink in the Bundaberg Magistrates Court today where defence barrister Craig Ryan made the application on his behalf.
Kenyon was originally denied bail on October 5, after he was charged with unlawful striking causing death following an altercation at a Gin Gin home on September 18.
During the bail application, Mr Ryan said it was Kenyon who was hit first from behind, before both men engaged in a consensual fight.
Mr Ryan said at no stage did either men lose conciousness and when an ambulance was called to assess Mr Kenyon, the deceased refused medical assistance.
Mr Ryan said the deceased again refused medical treatment at Gin Gin Hospital the following day and it was not until September 21 that the 65-year-old collapsed in triage and was taken to Bundaberg Hospital, where he died.
With the matter unlikely to be listed for a trial in the Bundaberg Supreme Court for at least a year, Mr Ryan said there needed to be a significant investigation into the alleged victim's actions during the days leading up to his death.
He said even if a medical report dated the fatal injury to September 18, his client would defend the unlawfulness of the striking, given it was Kenyon who was hit first.
Today Magistrate Belinda Merrin ruled Kenyon was not an unacceptable risk of committing further offences or failing to appear.
He was bailed to a rural address near Gin Gin and must report to Gin Gin police twice a week.