Another Murder accused granted bail in Supreme Court

On 22 November 2023, Alan Phillips of our office instructed Tracy Thorp of Counsel for his client's application for bail in the Supreme Court of Queensland.

His client had twice previously applied for bail without success. The client was required to demonstrate a material change of circumstances for his application to be considered afresh. The matter was awaiting results of DNA testing. The expected date of disclosure of those results was originally September 2023. That ETA was pushed out to April 2024. Alan Phillips and Tracy Thorp argued that this unexpected delay constituted a material change of circumstances allowing his application to be considered afresh.

The Crown Prosecutor submitted this was not the case, in that although the delay was a new consideration, it was not sufficient to constitute a material change of circumstances. They argued that the material change of circumstances was required to be one relevant to the reason why bail was originally refused, in that he was originally considered to be an unacceptable risk of reoffending if released on bail.

The argument occurred over sometime in the Supreme Court. The Chief Justice who heard the matter was ultimately pursuaded that this the argument by the Crown was not correct, and the material change was not limited in that manner. She found the change did constitute a material change of circumstances which allowed her to consider the matter afresh.

The strength of the case was considered in determining whether bail ought be granted. The defendant made admissions to an undercover police officer of being at the location. He also commented on considering fleeing to Melbourne. Ms Thorp highlighted that the evidence otherwise was not overwhelming against him, and raised potentially unlawful activity of police by enticing, and recording his admissions after he had requested without success to speak to a lawyer.

Very strict conditions were imposed, which included a $10,000.00 surety. Bail was ultimately granted to our client.

Although murder carries a mandatory life imprisonment on conviction, this successful bail application shows the importance of agitating bail applications and continuously fighting for your liberty. Although it took 3 applications, our client was ultimately bailed so he can contest the charges. The trial may take many years to conclude, and our client can remain in the community while he waits for the process to continue. He maintains the presumption of innocence. Further information can be found here:

Brisbane news: Murder accused granted bail due to DNA testing delays (9news.com.au)