Judge minds bail ‘gaps’

Defendant out on streets thanks to holes in case

A SOUTHPORT magistrate was forced to give a man bail after a car was taken at knifepoint because the police case was full of “gaps” and “holes”.

Magistrate Andrew Sinclair granted Luke Lindholm bail with “considerable reluctance” yesterday because information provided by police had “glaring” holes, particularly in relation to the armed robber’s identity.

Police allege they found Lindholm with the car eight hours after its owner was held at knifepoint on Queen St, Southport, about 7am Sunday.

Lindholm, 32, is charged with unlawful use of a motor vehicle and possessing tainted property. He is yet to enter a plea to the charges.

Mr Sinclair told Southport Magistrates Court the bail affidavit contained allegations of an armed robbery, but did not identify the perpetrator.

“I am troubled by the bail affidavit,” he said. “It is only because of the holes and gaps that are glaring in it, he is not in a show-cause situation.”

Bail affidavits are put together by police to explain their case to a magistrate when the accused is applying for bail.

Defendants are placed in a “show-cause situation” when they are charged with an indictable offence, such as armed robbery, or have breached their bail conditions. A “showcause situation” means the onus is on the defendant to prove he is not a risk of committing more offences or fleeing while on bail.

Mr Sinclair said he granted bail with “considerable reluctance based on failures of the affidavit”.

Police allege Lindholm was found Sunday afternoon at his mother’s Queen St home with a wallet and bank cards from the car in his pocket. The car was parked out the front.

It is also alleged Lindholm stole $55 in groceries from Aldi in Labrador. Mr Sinclair said there was no information identifying the man who held the owner of the car at knifepoint.

“All I have submitted is someone has stolen this car at knifepoint and eight hours later at the defendant’s home where he has the keys that belong to the victim,” he said.

Lindholm was granted bail on the condition he report regularly to police.

Defence lawyer Mollie Roper, of Cooper Maloy Legal, said her client did not hold up the car owner.

Police prosecutor Sergeant Nicole Conditsis had the matter stood down to find more information, but the arresting officers who wrote the affidavit were on a day off.

Mr Sinclair declined to have the bail application adjourned for a day. The matter will next appear in court on May 17.