Man accused of stabbing woman with baby, attacked in jail
JASON Wayne Greatbatch has been assaulted twice in custody, his parents have increased a surety offer to $300,000 and he is willing to carry a GPS tracker if he's allowed to reside in South Australia.
Those were the arguments defence barrister Anthony Glynn QC made in Mackay Magistrates Court in a second attempt to secure bail for Greatbatch.
Police allege Greatbatch, 36, flew from his hometown of Ceduna, South Australia, then hired a car from Mackay Airport to the home of Kuttabul couple Tegan Moore and Jake Burgess in the early hours of December 28 last year.
Greatbatch allegedly stabbed Mr Burgess outside the home, then entered the home, stabbing Ms Moore twice while she was holding her 10-month-old baby, and left.
He's charged with two counts of attempted murder, one count of acts intended to maim, disfigure or disable, unlawful stalking, entering a dwelling with intent to commit an offence at night and common assault.
Magistrate Damien Dwyer denied Greatbatch bail in his first application in January, saying he was at risk of flight and reoffending.
In court today, Mr Glynn said that at the time Mr Dwyer seemed to believe it would be 12 months until the matter went to trial.
He said that due to delays by the prosecution in delivering the brief, Greatbatch would in fact be spending a "substantial" amount of time in custody before trial - about two and a half to three years after the alleged offence occurred.
Mr Glynn said Mr Dwyer had therefore made the decision on an "erroneous basis".
Prosecutor Sheena Hayes said the full brief had been delivered.
Mr Glynn said Greatbatch was not a flight risk as he had strong ties to Ceduna. He owned two properties and had had to sell a third to pay legal fees.
Greatbatch had owned a business, which had to be sold, and had also been the manager of a sailing club.
Mr Glynn said the man was not likely to breach bail, as his parents had offered property as surety and Greatbatch would not want to risk losing $300,000 of their money.
He said Greatbatch had been assaulted in custody once prior to the bail application in January, and once after that date. He had been hospitalised.
Ms Hayes accepted Greatbatch had been assaulted, but said the last incident occurred in July and Greatbatch had not made a criminal complaint.
For a second bail application to succeed, Mr Glynn had to prove that there had been a "material change of circumstances" since the first.
Ms Hayes objected to the application, saying the circumstances were the same.
She said it would be more difficult for Queensland police to oversee Greatbatch in South Australia as breaching bail was not an extraditable offence.
She said as the GPS tracking device had to be "carried" it was "not beyond the realms of possibility" that Greatbatch could go somewhere without it.
Mr Glynn also made a request for the affadavit of a plain clothes police officer to be suppressed during court proceedings, as it was "prejudicial" and "hearsay on hearsay".
As Ms Hayes had only just learnt of the request, Magistrate Nerida Wilson adjourned discussion of a non-publication order to Tuesday.
She is expected to deliver a decision on bail on that day.
Greatbatch has been remanded in custody at the Arthur Gorrie Correctional Centre in Wacol, near Ipswich. He appeared in court via videolink.