$300,000 but bail denied

A TWEED man charged with attempted murder has been denied bail despite his parents offering a $300,000 surety.

Appearing in the Tweed Local Court yesterday via video link, the man co-accused of a brutal kidnap and fire attack on Burringbar man, Benn Peterson, 35, sat solemnly during proceedings.

Aydin Christopher Brown, 29, and his co-accused Mark Brown (no relation) were arrested mid last year and charged with attempted murder and aggravated kidnapping.

The pair allegedly set fire to Mr Peterson, who was found by the side of the road at Kunghur on the evening of July 23.

Brown’s solicitor, Abbas Soukie, of Hanna Legal, told Magistrate Alison Viney that the application to reconsider his client’s bail was due to a collection of factors.

These included what Mr Soukie termed “a fundamental change in the prosecution’s case” and the increase in a security payment from $10,000, at the time of the original bail application, to $300,000.

Mr Soukie argued the Crown’s case was not solid enough to justify Brown’s incarceration.

“From the outset the Crown’s case cannot be recognised as strong,” Mr Soukie told the court.

The court heard police were not able to hear Mr Peterson’s version of events at the time of the original hearing, as he was in a coma.

The court was also told Mr Peterson now was unable to recall the events of the evening.

Brown’s father watched on as Mr Soukie also presented new DNA evidence found in the case, as justification the release on bail.

Strict house arrest conditions for Brown’s release were also offered by the defence.

While Justice Viney accepted a number of factors presented by Mr Soukie, the bail application was denied.

“These are extremely serious offences,” she told the court.

“I think quite honestly the most fundamental change in circumstances is the security.” for

Justice Viney also told the court that given the pace of the DNA findings and other investigations, the proceedings of the case did not constitute the substantial delay Mr Soukie alleged.

“I can’t see that in respect to this matter there have been any extraordinary delays,” she said.

Bail was formally refused and Mr Soukie said his client would now seek bail in the Supreme Court.