Gympie Court house.
Gympie Court house. Renee Albrecht

Bail is refused for 'unacceptable risk'

A GYMPIE magistrate has refused bail for a man due to face the District Court on charges alleging deprivation of liberty and robbery in company with violence against a child.

Both are alleged to have occurred on February 27 at Southside, the Gympie Magistrates Court was told on Monday.

Magistrate Ross Woodford said he took into account that Mark Allen Johnstone, 39, of Gympie, had a lengthy criminal history, the victim was 13, Johnstone had previously breached other court orders, including probation and an Intensive Correction Order.

He said he noted that there had been threats made and said there was "an unacceptable risk of Johnstone failing to appear or endangering witnesses.

He committed Johnstone to the criminal sittings of the Gympie District Court to face the charges.

Johnstone's legal representative told the court his client had indicated an intention to plead not guilty to the charges.

Addressing a written police objection to bail, the defence representative said: "Looking at the history, I see there is one 'fail to appear' from April 19 last year, which went to court on June 7. You would have to go a long way back to find anything else to do with bail - that would be a breach of bail in 2001," he said.

There was nothing to indicate a danger to the public.

"I don't know how that could be put forward," he told Mr Woodford.

Concerns "can be remediated by reporting conditions nad an obvious condition that there be no contact.

"There is an alleged kick, but this is uncorroborated.

"Photos show no bruising and that is uncorroborated.

"Also uncorroborated is that the child complied while under some sort of force.

"The case is weak and the matter may not even proceed in the District Court.

"If this is the case, (custody) may be disproportionate," he said.

Gympie Times

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