Lawyer clashes with magistrate in bail application stoush
LAWYER Craig Ryan requested that the case of one of his clients be dealt with by a different court official after he was involved in a verbal stoush with a magistrate yesterday.
Mr Ryan was representing a man who was facing three breach of bail condition charges.
The man, who cannot be identified because the charges he faces are domestic-violence related, had last week been granted bail.
Mr Ryan interjected as Mr Lavaring appeared to begin delivering his decision.
"Excuse me Your Honour I haven't even addressed you," Mr Ryan said.
"Does Your Honour wish to hear from me or not?"
Mr Lavaring said: "Oh I don't know, not really, I've already made up my mind."
Mr Ryan said he thought it was inappropriate for the magistrate to make a decision without hearing all the facts.
"It's completely unacceptable for the court to make decisions without hearing from the defence," Mr Ryan said.
"You've already made your mind up... I think the application needs to be stood down and heard before someone else.
"It's completely inappropriate... I'm asking the matter be stood down and adjourned to be heard before another magistrate because Your Honour has clearly stated 'I've made up my mind'."
Mr Lavaring said he thought that the defence had made submissions and the decision was clear. Mr Ryan said in response that it was not "clear".
"You haven't heard from me to contradict the many (allegations) made in the affidavit that are false," Mr Ryan said.
Mr Lavaring said he would give Mr Ryan a chance to make his submissions, saying "it may change my mind".
The court heard Mr Ryan's client had an ongoing history with his wife which had him before the courts last week.
He was released on bail last Wednesday after being represented by duty lawyer Lavonda Maloy who said an incident had started after he asked his wife to get him a cushion.
"Balls of wool were then thrown about by the aggrieved, and my client instructs he kicked a bundle of that wool out of the doorway," Ms Maloy said.
"It is at that point in time the aggrieved has struck my client first, and in fact kicked my client in the backside.
"The aggrieved then took hold of both my client's ears and pulled him down."
The last bail conditions imposed instructed he could not visit his wife or return to the house without a police officer.
Mr Ryan yesterday told the court his client had followed by those conditions until he received a call from the real estate agents of his former home.
"He was rung up by the real estate company and asked to attend at the real estate in relation to the lease," Mr Ryan said.
"He had no knowledge (his wife) was going to be there, and they needed to sort the lease out, and then the police arrived. He believes he was set up."
After carefully considering both arguments Mr Lavaring released the man on bail with the same conditions to not see his wife without an officer present.