Re Fitzgerald

[1996] QSC 35

IN THE SUPREME COURT
OF QUEENSLAND
  O.S. No. 1557  of 1996

Brisbane

Before the Hon. Justice Mackenzie

[Re Fitzgerald]

IN THE MATTER of the Criminal
  Practice Rules of 1900  

IN THE MATTER of the Bail Act 1980 (as amended)

IN THE MATTER of a bail application by
  ALLAN GEORGE FITZGERALD

JUDGMENT - MACKENZIE J. - CHAMBERS

Judgment delivered 18/3/1996

CATCHWORDS: BAIL - breach of domestic violence orders - assault - break and enter  - stalking - indecent assault - deprivation of liberty - risk of re‑offending - whether bail should be granted.

Counsel:C. Barker for Director of Public Prosecutions.

Applicant in person.

Solicitors:Director of Public Prosecutions.

Hearing date: 12 March 1996
IN THE SUPREME COURT
OF QUEENSLAND

Brisbane  O.S. No. 1557 of 1996

Before the Hon. Mr Justice Mackenzie

[re. AG Fitzgerald]

IN THE MATTER of the Criminal
  Practice Rules of 1900

IN THE MATTER of the Bail Act 1980 (as amended)

IN THE MATTER of a bail application by
  ALLAN GEORGE FITZGERALD

JUDGMENT -  MACKENZIE J.- CHAMBERS

Judgment Delivered 18 March 1996

The applicant, who has previously applied for bail, has applied again on the grounds of changed circumstances.  The applicant is 55 years of age and has been charged with a variety of offences, all of which appear to be related in one way or another to the breakdown of his  marriage.  There are charges of breaching domestic violence orders by unauthorized contact and by committing further domestic violence.  There is a charge of harassing the applicant's wife and a male friend by telephone, of assaulting a female social worker and stalking, breaking and entering, stealing, unlawful detention and indecent assault in relation to his wife.  The earliest offence of contravention of a domestic violence order is alleged to have occurred on 25 October 1994 and the latest offences were alleged to have occurred in September 1995.  The applicant has been in custody on remand since 29 September 1995. 
          As in most matters arising from the breakdown of a marital relationship there is a good deal of emotional involvement apparent on the part of the applicant and of his wife.  The written word in the material before me and the applicant's submissions make this plain.  The applicant frankly admitted that he had failed to appear in respect of some of the matters, having gone overseas because, as he says, he was frustrated by things said and done, particularly in connection with proceedings in the Family Court.  When he returned on 10 September 1995 he made arrangements for surrender to the court.  It was three days after this that the stalking, deprivation of liberty and indecent assault were said to have been committed.  The applicant claims that the allegations against him are contrived.
          The submissions by the applicant covered a number of matters, including matters referred to in his affidavit which he said affected the strength of the Crown case against him.  I have had regard to these submissions.   Notwithstanding these matters, a prima facie case has been found by the committing Magistrate on the charges of stalking, deprivation of liberty and indecent assault to which the criticisms were primarily directed.  Amongst the Crown allegations is evidence from a police officer that the applicant had threatened to harm a man who was friendly with his wife at that time.  Although the applicant sought to minimise the incident it is a matter for the jury to decide what weight is given to that evidence and the other evidence.  Notwithstanding the applicant's submission to me that he is no longer interested in contacting his wife, the atmosphere between him and his wife and the fact that there are children of the marriage currently in the care of the wife, which has been the catalyst for some of the problems in the past, leave me with the feeling that there is no cause for confidence that further offences will not be committed.  I am satisfied that the applicant has not made out a case for release on bail.   The application is refused.