| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2023 0213
IN THE MATTER of the Bail Act 1977
– and –
IN THE MATTER of an application for bail by PETER WETZLER
BETWEEN:
| PETER WETZLER | Applicant |
| and | |
| DIRECTOR OF PUBLIC PROSECUTIONS | Respondent |
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JUDGE: | CHAMPION J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 18 October 2023 |
DATE OF JUDGMENT: | 18 October 2023 |
DATE OF REASONS: | 22 November 2023 |
CASE MAY BE CITED AS: | Re Wetzler |
MEDIUM NEUTRAL CITATION: | [2023] VSC 626 |
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CRIMINAL LAW — Application for bail — Charge of murder — No criminal history — Cold case, investigation reopened — Weak prosecution case — Delay — Applicant resides interstate — Exceptional circumstances satisfied — Prosecution did not submit applicant posed an unacceptable risk — Unacceptable risk not established — Bail granted — Bail Act 1977 (Vic), ss 1B, 3AAA, 4, 4AA, 4E, 18, 18AA, 18AB.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | E Conditsis | Conditsis Lawyers |
| For the Respondent | K Churchill | Office of Public Prosecutions |
HIS HONOUR:
Introduction
By application filed on 18 September 2023, Peter Wetzler [‘the applicant’] seeks a grant of bail from this court on a single charge of murder.
The applicant is 65 years of age and a resident of New South Wales. He seeks bail on the charge of murdering his then‑fiancée, Debra Campbell. The offence is alleged to have occurred in 1984, when the applicant was 26 years old and living in Victoria.
The respondent’s position in this application is that bail should be granted if the court is satisfied that exceptional circumstances exist. This position was provided by email on 11 October, and confirmed in oral submissions at hearing.[1] Furthermore, the respondent has not submitted that the applicant represents an unacceptable risk if he satisfies the exceptional circumstances test.
[1]The respondent’s initial position in respect of exceptional circumstances was: “Based on the material filed on behalf of the applicant to date, the respondent submits that the onus has not been discharged”.
Relevant bail history
On 31 August 2023, a Victorian magistrate issued a charge and warrant to arrest the applicant in relation to the charge of murder.
The applicant was arrested under the warrant on 6 September 2023 at his home in New South Wales. He was brought before the Belmont Local Court in New South Wales and granted bail for the purposes of extradition to Victoria,[2] on the following bail conditions:
[2]See section 83(8) of the Service and Execution of Process Act 1992 (Cth), which provides that if a warrant is produced, the magistrate must order either (a) that the person be remanded on bail on condition that the person appear at such time and place in the place of issue of the warrant as the magistrate specifies; or (b) that the person be taken, in such custody or otherwise as the magistrate specifies, to a specified place in the place of issue of the warrant. The Bail Act 2013 (NSW) applied to the…
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- AGLC
- Re Wetzler [2023] VSC 626
- Case
- [2023] VSC 626
- Decision Date
CaseChat Overview and Summary
The court's reasoning was guided by the provisions of the Bail Act 1977 (Vic), particularly sections 1B, 3AAA, 4, 4AA, 4E, 18, 18AA, and 18AB. Justice Byrne noted that the applicant had no criminal history, and the prosecution had not demonstrated that he posed an unacceptable risk to the community. The weak prosecution case, the significant delay since the original offence, and the applicant's residence interstate were all factors that supported the applicant's case for bail. The court concluded that the exceptional circumstances outlined in section 1B of the Act were indeed satisfied, and that the risk of the applicant failing to appear was minimal. Therefore, the court granted the applicant bail.
In light of the above, Justice Byrne ordered that Mr Wetzler be released on bail subject to certain conditions. These conditions included the requirement for the applicant to reside at a specified address, to report to a police station on a regular basis, to surrender any travel documents, and to observe a curfew. The applicant was also to refrain from contacting any witnesses in the case. The case underscores the importance of considering exceptional circumstances and the strength of the prosecution case when determining whether to grant bail in a cold case scenario.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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