Accused arsonist bailed
Bail granted on medical and human rights grounds
A TOOWOOMBA man charged with attempted murder and arson has been granted bail ostensibly on medical and human rights grounds.
Christopher Mark Grosser had been held in custody since police found him badly burnt outside a Darling Heights home in the early hours of February 13.
A woman allegedly with stab wounds was found nearby and rushed to hospital as was Grosser.
His solicitor Kyna Morice brought a bail application before Toowoomba Magistrates Court on Wednesday, arguing the conditions in which her client was being held, in the circumstances, were against his human rights.
The 36-year-old had remained in the Royal Brisbane and Women’s Hospital burns unit since his arrest and had for most of that time been isolated in a single room, she said.
When he was moved to other sections of the hospital for treatment, he was in ankle and wrist shackles and accompanied by security officers.
Grosser had burns to a quarter of his body and had undergone extensive surgery and treatment and had bulky machines attached to him such as a humidifier and, when fed, a feeding tube to his stomach.
Her client had part of his oesophagus removed and could not speak, had no access to email and communicated by writing on a board, she said.
Medical reports by doctors who had examined Grosser which were tendered to the court said no correctional facility in Queensland had the capacity to accommodate someone with such severe injuries and if not granted bail he would have to remain in a hospital and be subjected to the conditions he was currently experiencing.
Ms Morice said her client could care for his day-to-day treatment needs and his family had committed to caring for him at home.
No other prisoner would be subjected to the conditions of Grosser if he was not granted bail and that would be in breach of his human rights, Ms Morice submitted.
Magistrate Damian Carroll accepted the submission.
“It appears to me there is no suitable security facility for Mr Grosser to remain in custody,” he said.
Mr Carroll granted bail and adjourned the case for mention on November 10.