The Court: Melbourne Magistrates Court
The Lawyer: Kieran Burke
The Charges:
The Allegations:
The client had been remanded in custody following multiple offences, including multiple breaches of a family violence intervention order, theft, burglary and threats to kill.
Following the client’s remand, he instructed us to make a formal bail application to the Melbourne Magistrates’ Court. We were advised that the prosecution would oppose the application.
At Court:
Our solicitor obtained instructions from the client and appeared at court for the bail application.
The informant, a police officer, was called to give evidence. The informant believed that the client was an unacceptable risk of further offending and would likely interfere with police witnesses.
When a prosecution witness gives evidence at court, the defence has the right to cross-examine the witness. Our solicitor cross-examined the informant during the bail application hearing, and the informant conceded that the client had significant mental health issues and a very supportive family that could assist him.
The prosecutor and our solicitor made lengthy submissions during the bail application hearing. The prosecution argued that the client was an unacceptable risk, and our solicitor submitted that that risk could be mitigated if the client were to be released on bail, including the imposition of specific bail conditions.
The Outcome:
Following submissions by our solicitor in support of the application, the Magistrate granted our client bail. This was subject to conditions relating to where the client was to reside. He was also required to surrender his passport, not interfere with any prosecution witnesses, and report weekly to the police.
