Death of man sees upgrade in charge
AN APPRENTICE electrician charged with a fatal punch attack outside a Cairns pub has been granted bail for the second time in a week after the charge against him was upgraded.
Tim England, 20, was formally charged with unlawful striking causing death in the Cairns Magistrates Court yesterday, three days after the death of 32-year-old Bungalow tradie Brett Thomson.
It is alleged the pair were involved in an altercation outside the Pier Bar in the Cairns CBD on Friday night before Mr Thomson suffered critical head injuries.
Mr England was initially granted bail on Monday morning when he was charged with grievous bodily harm, but police prosecutor Sergeant Dorothy Bishop told the court police were now opposing bail because of the fresh charge.
But defence solicitor Bebe Mellick said his client was in court “on his own call” and did not represent a flight risk.
“In my submission, if there was any real belief by the police that my client was going to abscond he would not have been given the opportunity of appearing on his own volition this morning … and indeed quite the opposite … would have been arrested and would be appearing in custody in the dock,” Mr Mellick said.
He said police had asked for a financial surety in their objection to bail, but he did not believe it was required.
Magistrate Alan Comans granted bail and said the current conditions were sufficient given Mr England’s lack of criminal history, strong community and employment ties.
He said there were no conditions relating to the potential interference with witnesses.
“Perhaps because … there’s lot of witnesses already, the CCTV … the degree of interference is reduced because police have their statements already,” he said.
The case was adjourned until August 28.