A MAN who was brought to the Proserpine Magistrate's Court on Monday charged with obstructing police and possessing dangerous drugs, was finally granted bail, but on strict conditions, including a $5000 cash deposit.
The court heard that Kirk William Yule was already on bail for two indictable offences when these fresh charges arose. Duty lawyer Sherrie Meade suggested the newer charges should be kept with the previous matters already set for a hearing on June 27. This required a new bail, which police prosecutor Sergeant Mick O'Rourke opposed. Sgt O'Rourke said Yule was now in a "show-cause situation" whereby he must prove himself "worthy of bail".
Ms Meade submitted that Yule had found trouble by association, making contact with known drug users and "probably the worst people that he could" on arriving in the Whitsundays.
"[But] he's learned his lesson the hard way [and] he's made a conscious decision to disassociate himself from these people," she said.
Sgt O'Rourke argued that Yule had a history of drug-related offending and he noted that earlier this year, Yule was sentenced to four months imprisonment, suspended for 12 months.
Sgt O'Rourke said these fresh offences would aggravate the suspended sentence and he argued that Yule was an inappropriate risk of committing further offences.
As for Ms Meade's submissions, Sgt O'Rourke said Yule could only be judged on his past behaviour, not some future epiphany he was claiming to have.
Nonetheless, magistrate Ron Muirhead raised the question of the quantity of drugs that Yule was alleged to have been found with - less than 0.1g.
Mr Muirhead said if Yule was kept in custody he might serve more time in jail than the crimes warranted if found guilty. He therefore formally found that cause had been shown even though he described this as a "borderline case".
In addition to the $5000 cash deposit, which must be paid to the court as surety, Yule must report daily to the Whitsunday Police Station from Monday-Friday and abide by a curfew from 7pm-6am until his trial in Proserpine on June 27.
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