A woman from Katherine must have thought her boyfriend's bail was in the bag with a $5,000 surety, when she swore at the judge after proceedings.
In another story we wouldn't have bothered reporting or looking into, if it wasn't for the sense of entitlement at the end; a judge has told the court he saw "no utility" in releasing Codey Stretton from custody for six days, to return for a charge of 'Assault A Person' next week.
Stretton is also facing charges including 'Aggravated Assault, Theft, Drive A Motor Vehicle While Unlicensed and Possess Use or Carry A Prohib Weapon'
The judge surmised that any sentence for 'Assault a person' was likely to attract some time exceeding that on remand.
Stretton's defence lawyer outlined: "Mr Stretton has been in custody since the 15th April. So about two months. The plan is for him to go to Katherine. His mother is there. I've spoken to her and she's happy to have him.
As the defence lawyer went through his client's potential living arrangements the judge said: "The second file has your client producing a firearm. This is extremely serious. An acceleration of the violent offending that is alleged. And one that would make anybody slow to consider bail."
The judge asked: "Why should I grant bail to anyone who [allegedly] goes away after a fist-fight and comes back with a firearm?"
Stretton's lawyer said: "The only evidence produced so far by the prosecution is a statement by [witness name]."
The judge asked: "Why do you say that's not strong evidence?"
Stretton's lawyer said: "Well my client says he doesn't know [witness name] at all."
The judge asked: "Are you saying it's a matter of identification?"
Defence: "Well, yes."
Stretton's lawyer provided the judge a photo of a box.
The judge asked the prosecution: "Am I really being told police located this box in a storm drain, but didn't open it?"
Silence.
The judge asked: "What was inside the box?"
The prosecution said: "Your honour, a firearm part was found in the driveway [where the incident occurred]."
The judge prompted the prosecution: "There was a second person engaged in the fight, allegedly, with Mr Stretton. Did that person not provide a statement?"
Prosecution: "I'm just having a look at that now your honour. While the witness does not know Mr Stretton, the statement provided was pretty descriptive."
The judge asked: "Surely there are statements from police on the box, the gun parts that you have mentioned?"
Prosecution: "Not at this stage your honour?"
Judge: "What do you mean not at this stage? You talked about offences that allegedly took place two months ago."
It appeared software issues or operator competence with the management and sharing of evidentiary materials were surmised as the reason the prosecution said they didn't have access to all the evidence which included witness statements and police body-worn videos, for the bail hearing.
Stretton's lawyer talked about a police photo he had received: "It's very clear on the electronic copy at least, that it's a case for an air assault gun. It's a toy."
The judge: "A toy?"
Defence lawyer: "A toy."
Judge: "It's highly likely to be a prohibited weapon."
As a half-audible discussion continued, the judge said: "Your client has a very unfortunate criminal history, in that he fails to comply with orders."
Further barely-audible discussions took place on Stretton's court history.
The defence lawyer said: "He's been sleeping on the floor at Holtze, your honour. If you can take into account the considerations of his particular..."
The judge interrupted: "I can. Everybody's in the same boat. Wrong though that may be.
"This man is in prison on remand because he's alleged to have been involved in a fight with two other men, and come back with a gun. [The witness] is alleged to have believed it was a real gun.
"If there's a strong case of that sort, he won't be getting bail."
The judge showed reluctance on accepting a residential treatment for drug use as an alternative to the bail location of the family home in Katherine, with no expression of an actual placement available for the court to see.
In his closing remarks, the judge said bail was refused.
"In my view, there's no utility in granting Mr Stretton bail, for him to be sent back to jail next week."
"But. If next Thursday he's not sent back to jail, then the bail application will have some utility."
Stretton's partner swore just loud enough for everyone in the court room to hear, as she headed for the exit.
"You're a fuckhead."
The expression on the face of her partner's lawyer didn't appear to be looking forward to the coming conversation outside the courtroom, and who could blame him.
We are The Mango Inquirer.
