Ex-bikie’s bid for bail
AN EX-BIKIE turned Port Douglas gym owner facing trafficking charges over an alleged major drug ring in the Far North has taken his fight for freedom to the Cairns Supreme Court.
But Lee Undy’s bail bid could be determined by the speed of his case, which currently sits in the Cairns Magistrates Court, delayed by outstanding evidence.
Police allege that Mr Undy is a violent criminal, who has already made one threat against a witness, the court heard. Defence solicitor Bebe Mellick argued that proposed strict bail conditions including residential, daily reporting, curfew and a GPS anklet would remove any risk on release.
“He is a person … that if granted bail is going to be under police scrutiny,” Mr Mellick said.
“He’s not a person who blends into the crowd.
“If he so much as even jaywalks police will know.”
Mr Undy has already been refused bail by a magistrate.
Justice James Henry said that while Mr Undy wasn’t in a show-cause position, the idea that the community had to be burdened by such extreme conditions to keep an eye on him “isn’t a good selling point”.
“Even the orders you propose will allow him free range within the local boundaries of council, which are quite large, to do his darnedest whether he is so minded to exact retribution,” Justice Henry said.
Mr Mellick said Mr Undy had already spent just over four months on remand and if the matter went to trial it wouldn’t be set down until the second half of next year.
He said he was waiting for a financial analysis report as part of the police case against his client and no timeframe had been given for when it would be available.
“It doesn’t seem too much to ask in the modern age to achieve delivery of a brief of evidence even involving financial analysis,” Justice Henry said.
He told Mr Mellick that right now he was not minded to grant Mr Undy bail.
“If time passes and it becomes clear we’re in for an unreasonably long wait … then I may look favourably on his position,” Justice Henry said.
The bail application was adjourned until mid-November so Mr Mellick could receive the outstanding documents. Mr Undy’s next court mention is October 31.