Pair to answer assault charge
The man, 20, and woman, 19, who can not be named for legal reasons, were charged with one count each of assault causing bodily harm after they allegedly pulled on their baby during an argument, causing fractures in his limbs, in November 2007.
The woman’s lawyer, Thomas Bray, revealed during discussion about bail conditions that the man and woman would be allowed by DOCS to see the child, now 24 months old, unsupervised.
“My client’s instructions at this stage is that she will be able to have unsupervised contact three times per week,” he said.
The man’s lawyer, Matthew Messenger, said his client had a similar arrangement with the government department.
The magistrate changed the conditions so the pair could only have contact with the child that was approved by DOCS.
Magistrate Batts also said she was committing them to trial.
She said she was not satisfied that witness Kenneth Phillis’s evidence was “manifestly unreliable”.
Defence lawyers had argued on Thursday that the testimony of Mr Phillis should be disregarded because of his numerous head injuries that he admitted affected his memory, his alleged schizophrenia and the fact the defendants had testified against him in another court case.
But the magistrate said yesterday there was no medical evidence that Mr Phillis had schizophrenia.