Accused DV choker’s second bail application knocked back
A man accused of choking his partner claimed he was at risk of spending too much time in prison when he made a second bail application before Christmas.
The man, who cannot be named for legal reasons, was first denied bail on September 30 after being charged with choking, common assault and breaching a domestic violence order.
He made another bail application in Rockhampton Magistrates Court on December 17.
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Defence lawyer Felicity Davis said her client intended on pleading not guilty, arguing the alleged victim lacked credibility.
She said there had been a delay in evidence gathering and it was unjust to have the defendant spend anymore time in custody.
Police prosecutor Julie Marsden said at the time of the original application, the representatives for the defendant raised the fact the victim had been in contact and provided copies of text messages.
She said police did have a copy of the text messages but they did not form part of the police's case.
Ms Marsden said the victim's official statement was consistent with what she told police when she made the complaint.
She said there was a video showing some of the abuse and kicking from the incident.
Ms Marsden said three months in custody would not be putting the defendant at risk of serving too much time.
She said he had seven convictions for breaching bail, four convictions for breaching domestic violence orders and had poor compliance with community based court orders.
Ms Davis said her client proposed to live with his parents who were willing to put up a "cash payment" for surety.
Ms Marsden said the defendant was living with his parents at the time of the alleged offending.
She said there were two charges which post dated the offending he sought bail for - another DV breach and a drug charge.
"His offending only stopped when he was taken into custody," Ms Marsden said.
Magistrate Jason Schubert said the allegations were quite serious and included the man choking the victim for 20 seconds.
He denied the man bail and adjourned his matters to January 27.