In the matter of an application for bail by Michael Aaron Le Clair

The applicant, Michael Aaron Le Clair, applied for bail in the Supreme Court of the Australian Capital Territory. Le Clair was facing charges related to allegations of sexual assault. The primary concern raised by the prosecution was the risk of witness intimidation, particularly given that the complainant was believed to reside in another jurisdiction. This uncertainty regarding the complainant's location and the potential risk of witness interference was central to the prosecution's opposition to bail.

The court had to navigate the balance between the presumption against bail and the need to ensure justice, particularly in light of the risk of witness intimidation. The prosecution argued that there was a significant risk that Le Clair might intimidate witnesses, especially the complainant. However, the court noted that the uncertainty surrounding the complainant's current residence reduced the likelihood of this occurring. Additionally, the court acknowledged that the onus to establish why bail should not be granted rested partly on the prosecution, though this did not shift the full burden onto them. The court weighed these factors and concluded that the risk of witness intimidation was not insurmountable.

Taking into account the uncertainties regarding the complainant's location and the reduced likelihood of witness interference, the court granted bail to Le Clair. The bail conditions included depositing $5,000 as security, residing at a specified address, refraining from contact with the complainant, reporting to police daily, and observing strict curfew hours. These conditions were designed to mitigate any potential risks while allowing Le Clair the opportunity to prepare his defence.

The court ordered that Michael Aaron Le Clair be granted bail, subject to a series of conditions designed to safeguard the interests of justice. These conditions included financial security, specific residence requirements, restrictions on contact with the complainant, daily reporting to police, and strict curfew hours. Le Clair was to appear in court on 16 October 2014, with the possibility of excusal if legally represented.