Judge's tough words about bail for DV accused
HIS extremely sick dad's $50,000 bail guarantee would not guarantee the safety of the alleged victim of a man accused of domestic violence, a Brisbane Supreme Court judge says.
Justice Jean Dalton on Thursday rejected Sunshine Coast businessman Dean Middlebrook's application to let him wait trial at his sister's home in Gympie.
The 48-year-old earthmover is facing multiple charges relating to allegations he force-fed the woman water and that he choked, strangled, punched and slapped her and threatened her life.
The accused man has been on remand for six months following the string of alleged assaults against his former partner that the Crown says started in July 2016.
From then to the end of February this year, Mr Middebrook allegedly attacked the victim numerous times, breaching parole and bail conditions along the way.
The worst of the assaults allegedly happened when the victim and a friend went to her former partner's house to collect her belongings on February 24.
The defendant is accused of threatening both of them, scaring the woman's friend so much that he ran away.
Police allege the woman continued trying to get her stuff, but Mr Middlebrook is accused of stopping her before he choked her, forced a running a hose into her mouth and then strangled her.
Police arrived to find the woman soaking wet and with red marks around her neck.
Asking Justice Dalton to release his client on bail, defence lawyer James Coburn said Mr Middlebrook had a clean criminal history and that he needed to look after his ailing father and sick sister.
Mr Coburn said Mr Middlebrook would have to take over running his father's farm and he would be too busy working to harm his former partner.
He also argued it was difficult to formulate his client's trial defence while he was locked up.
Justice Dalton shot down the defence's claims, saying these issues, and Mr Middlebrook's father's $50,000 surety, were not enough to guarantee the woman's safety.
"We see a lot of men who kill their wives or girlfriends who often don't have criminal histories," Justice Dalton said.
"I am never greatly influenced by the offer of surety by parents particularly in cases where the offending is emotionally driven and indicative of someone who is not able to control their emotions.
"His father losing $50,000 is not going to weigh heavily on the defendant."
A trial date is yet to be set.