CHOKING CHARGE: A 20-year-old Kingaroy man will be held in a correctional facility for several weeks while he awaits trial after his bail application was refused.
CHOKING CHARGE: A 20-year-old Kingaroy man will be held in a correctional facility for several weeks while he awaits trial after his bail application was refused.

Young man awaits DVO and choking charges behind bars

A YOUNG Kingaroy man will spend the next several weeks behind bars at the Maryborough Correctional Centre after allegedly choking a woman and having his bail application refused.

The 20-year-old is facing five charges including four charges of breaching a domestic violence order and one charge of choking.

Police prosecutor Senior Sergeant Pepe Gangemi opposed the defendant’s bail application on Tuesday, June 2 on the grounds of a show cause situation.

The defendant’s lawyer, Mr Mark Werner from JA Carroll Solicitors in Kingaroy said his client only had one prior public nuisance offence from 2019 for which he also defended the young man.

“I have seen corrective services this morning and I’m told that he was going very well on his probation and that he was a low risk and that he’s started his domestic violence course at Graham House.

“But unfortunately due to COVID-19 that had to be shut down, but he had good attendance with them up until then and he had no problems with his probation whatsoever and as soon as restrictions lifted eh had plans to go back and continue the DV course.”

Mr Werner told the court his client would be contesting the charges and that it appeared to be a “word on word case”.

“There are some photos … however I don’t have any medicals beyond that so it’s not perhaps the strongest case and (my client) disagrees very much with the statement of the aggrieved.

“He said he broke off the relationship and moved away to live with his father … he would be living a considerable distance away from the aggrieved if granted bail and has instructed me he wants nothing to do with her.”

Magistrate Andrew Sinclair pointed out there seemed to be some corroboration between the photographs and the statements yet to be obtained from the neighbours who heard the frequent arguing.

Mr Werner argued the relationship breakdown was bound to come with some verbal arguments but stated he did not believe there was going to be any witness accounts of any assaults.

“At the moment the crown case is no higher than a word on word case and I certainly have a very different set of circumstances from (my client) about how this has all happened,” he said.

“It may or may not be that the aggrieved complainant has her own issues or is a little unstable, but none of that is before the court at the moment.”

Snr Sgt Gangemi told the court it’s alleged there has been escalation in the violent actions perpetrated on the aggrieved.

“She’s at significant risk, especially with the choking charge,” he said.

“There is corroboration to the prosecution case … and the aggrieved hasn’t been protected by a temporary order as it stands.”

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Mr Sinclair ultimately refused the defendant’s bail application on a number of grounds and also said there reference to numerous domestic violence orders made in respect of the defendant from other past partners and family members.

“(The defendant) is in a show cause situation when applying for bail in relation to these charges. There are five charges of domestic violence and several of them involve actual physical violence, the most serious include allegations on the 11th of April this year that he committed the offence of choking,” he said.

“Sargeant Gangemi has provided the bail affidavit from the arresting officer and referenced several parts of that.

“The allegations themselves, apart from the domestic violence, involve on a number of occasions highly demeaning language and extreme acts of physical violence such as biting.

“These allegations are at the highest end of domestic violence and are typical of the undertakings of men who seek to dominate and cower women by the application of physical force and if true they are serious and he will no doubt receive a substantial custodial sentence. “The key matter for me then is to assess on the material available to me whether the case is as Mr Werner suggested, one where it’s word on word.

“There was an incident of the 24th of November last year in which again there was serious physical violence alleged. It ultimately ended up in a PPN (Police Protection Notice) and a charge of public nuisance to which the defendant has pleaded guilty and was placed on probation.

“There was a threat to kill and the defendant chased the aggrieved down the road until he was confronted by a number of other males who came to her aid. Those circumstances corroborate both that he was a person prone to be extremely aggressive and to use violence towards this victim and tends to corroborate her story that the violent behaviour continued.

Mr Sinclair also noted he had in front of him photographs which show some bruising and a potential bite to the brow as well as the statement regarding inquiries made of the neighbours talking about the defendant yelling abuse at the aggrieved.

“These things are all consistent and corroborate the version of the complainant that she’s been subject to ongoing domestic violence,” he said.

The offences alleged against the defendant are punishable by seven years imprisonment.

The case is due to reappear in Kingaroy Magistrates Court on July 20.

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