Man refused bail after death of man, 46
A MAN, 31, charged with grievous bodily harm after the death of Joseph Bornen, 46, has been refused bail.
Gavin Russell Baldwin faced Bundaberg Magistrates Court today where duty lawyer Gavin James made an application for bail on his behalf.
Police prosecutor Sergeant Warren Hess said Baldwin had a "transient nature" and was an unacceptable risk of reoffending.
Magistrate Neil Lavaring said Baldwin was found by police hiding in a pantry when he was arrested on Thursday, the day after the alleged incident.
The court heard on Wednesday the victim and another man attended Baldwin's home in Sylvan Dr.
Mr James argued that Mr Bornen was allegedly trying to break into Baldwin's home when he cut himself on a glass door.
"It's not a case where he (Baldwin) has gone to another person's property," he said,
"It opens up a number of defences, including defence of property and self-defence."
Mr James said the cause of the victim's death would be subject to a lengthy investigation.
"There will be a lot of medical evidence... the prosecution's case is not without its problems," he said.
Mr James said his client had also been charged with a second count of grievous bodily harm which was an "add-on" charge in relation to an alleged incident which happened on September 21.
"It appears there are a number of people related and members of different families who are unhappy with each other," he said.
Mr Lavaring noted the lengthy objection to bail alleged Baldwin used a cricket or baseball bat during the disturbance, but he acknowledged Baldwin contested a bat was used.
Mr Lavaring said a witness statement said Baldwin struck the victim three times with force to the head while he was lying on the ground but made no specific reference to a bat.
He noted the witness was Baldwin's father.
Mr Lavaring said an autopsy would be required to determine what caused the victim's death as it appeared he did smash his fist though a glass door.
In refusing bail, he found Baldwin was an unacceptable risk of reoffending and a risk of endangering others.
The matter was adjourned until November 26.