Toolie gets bail, not welcome in Airlie Beach
THE Townsville man, charged with assaulting a young female schoolie and police officer is out on bail - but he won't be seen in Airlie Beach any time soon.
Ricky Troy Stockwell, 18, faced Proserpine Magistrates Court in police custody today to determine whether bail should be granted in light of a "strong crown case” involving serious allegations, one of which is set to be heard in Mackay District Court.
The charges include obstructing police, assault occasioning bodily harm in a public place and serious assault of a police officer causing bodily harm
At 12.50am on November 19, Stockwell is alleged to have punched a 17-year old Mackay female schoolie in the Safe Night Precinct of Airlie Beach and to have punched a police officer in the head, rendering him temporarily unconscious.
Prosecutor sergeant Sabine Scott opposed the bail application on the basis that victim statements and CCTV footage of the incident were forthcoming and that the brief wouldn't take long to prepare.
Sgt Scott submitted that Stockwell comply with strict conditions including not to consume alcohol and submit to testing, to not visit Airlie Beach and to not attend the Townsville Safe Night Precinct if bail was granted.
"Because the offences alleged occurred in the Safe Night Precinct in Airlie Beach - they are fraught with danger for people who have difficulties with their alcoholic behaviour,” she said.
Defence lawyer Elizabeth Smith said Stockwell had no prior criminal history and was not in a "show cause position” with an application to grant bail.
"The premise of the bail objection is that it is serious so keep him (locked up), there is no objection outlining risk which are based in evidence, such as him failing to appear or any risk of re-offending...it is based on conjecture and very little fact,” she said.
"Under circumstances where he is not in a show cause position and (conditions) would ameliorate prosecution concerns there is nothing to say he'll strike again, especially when agreeing to conditions not to consume alcohol.”
The prosecution's case partially relies on Safe Night Precinct CCTV footage which went online in October 30 this year, with Magistrate Simon Young telling the court that "it was set to get it's first workout” as the case proceeds.
Magistrate Simon Young took exception when Stockwell asked him how he was going.
"Not good, your attitude and demeanour today is something I consider to be poor,” he said.
"You strike me as a young man at the height of his arrogance who doesn't believe he deserves to be here and I'm going to be deciding whether you get bail, you have done yourself no favours.
"The next time you throw me a question you better add your honour at the end.”
In deciding bail, Magistrate Young said Stockwell's lack of criminal history was in his favour.
"I do accept that if remanded in custody (Stockwell) would be spending six months in prison at the very least and likely more if (one of the charges) is brought before a higher court,” he said.
"He is not in a show cause position, which means he is entitled to the assumption of bail unless it can be showed that he is at an unacceptable risk of committing further offences.
"I'm not persuaded that the conditions would not be appropriate to ameliorate the risks to bail at an acceptable level.”
Bail conditions include that Stockwell live with his parents at a Townsville address in Kelso, report to police every Wednesday, not visit Airlie Beach or Cannonvale and not consume any alcohol.
"I'm ordering that you are prohibited from entering Airlie Beach or Cannonvale for the period you are bailed because this type of behaviour has no place in this community and the allegations are sufficient to keep the community safe,” he said.
"If you have done this you are not welcome here and on bail you are not coming back.”
Pleas are yet to be entered and the case will be heard in Proserpine Magistrates Court at a later date.