Why a man on bestiality, extortion charges will stay in jail
NO bail conditions could protect a woman from a former boyfriend who allegedly threatened to post videos of her having sex with a dog in an attempt to make her drop a domestic violence order.
That is the finding Magistrate Bronwyn Hartigan made when the man made his second bid for freedom after four months behind bars.
He is facing seven charges including two counts of bestiality and one count each of extortion, attempting to pervert the course of justice, stalking, threats to distribute intimate image or prohibited video, and breaching a domestic violence order.
It is alleged the couple engaged in bestiality twice late last year in Mackay.
Police alleged the man helped and took a video while the woman had sex with a dog in their bedroom.
It is further alleged he later threatened to post the videos on social media if the woman did not withdraw a statement she later made to police in relation to domestic violence.
During a bail application on Wednesday, defence solicitor Antoinette Morton said her client contested the bestiality allegations, which she labelled a "he said/she said" scenario.
The court heard the man, who cannot be named for legal reasons, was in a show cause position because of the extortion charge.
In analysing comparative cases, Ms Hartigan said the depiction of a woman having sex with a dog could not "be said to be any less serious than threatening personal violence to a victim because the consequences of the release of such information would be so catastrophic".
She said the man's persistence was evident, sometimes amounting to numerous emails a day "demanding action be taken with respect to proceedings on foot for domestic violence".
Ms Hartigan said she did not accept submissions the man would spend too much time in custody if the case was delayed until February next year.
"That cannot be said to be too much time in custody when one considers the overall criminality of the allegations against him, which are extremely serious," she said.
"It has been suggested conditions can be imposed to mitigate the risk of any harm that he might present to (his former girlfriend) or in terms of interfering with witnesses.
"It is suggested that he can have no contact with her and have no access to the internet."
But Ms Hartigan said there was evidence before her showing the man was "a tech savvy person who might be able to get around such a conditions", noting he was capable of creating false accounts.
She said he was facing serious criminal charges that carried significant penalties.
"In my view, when one looks to the past, it is the best predictor of future behaviour," she said.
"There was a no contact order in a temporary protection order and the allegation is that almost immediately he started to breach it by messaging, phone calls and emails in complete disregard of the order of the court.
"In my view the case against him is so strong that there is no condition that could be imposed to mitigate the risk of him endangering the safety of (his former girlfriend) now stakes are so high, or him interfering with her as a witness.
"There is no condition that can be imposed, in my view, to secure (her) protection."
Ms Hartigan said granting bail would pose a "grave risk" to the woman he allegedly tried to bribe.
She refused bail and adjourned the case to October 12.