Re an application for bail by Anderson

In the Supreme Court of the Australian Capital Territory, Justice Refshauge heard an application for bail by Mark Lesley Anderson. Anderson had been in custody since his arrest on 18 June 2010, following charges including attempted murder, make a threat to kill, assault occasioning actual bodily harm, and contravention of a protection order under the Domestic Violence Protection Orders Act 2008 (ACT). Anderson's trial was scheduled for August or October 2012. The legal issues before the court were whether there were special or exceptional circumstances that warranted the grant of bail under s 9C of the Bail Act 1992 (ACT) and whether the conditions of bail could effectively mitigate the risk of interference with the trial process.

Justice Refshauge considered the delay in the prosecution as a special circumstance, noting that the trial would not occur until 2012, which was significantly longer than the ordinary course of proceedings. Additionally, Anderson's medical conditions, which had deteriorated while in custody, and his status as a former police officer, which had exacerbated his circumstances, were also considered special circumstances. The court acknowledged that the prosecution's case had credibility issues and that Anderson had legitimate challenges to the case against him. The combination of the delay in prosecution, Anderson's deteriorating medical condition, and the legitimate challenges to the Crown's case led the court to conclude that there were special and exceptional circumstances justifying the grant of bail.

In light of these considerations, Justice Refshauge granted Anderson bail to appear at the Supreme Court on a future notified date, subject to specific conditions. These included accepting supervision, residing at a specified address, reporting to police regularly, and refraining from contacting certain individuals and approaching specific locations. Additionally, Anderson was prohibited from applying for a passport and contacting any prosecution witnesses. The court also directed that a copy of the list of witnesses be stapled to the bail undertaking.