Anthony Warnir: Wadeye man’s request to have EMD bracelet removed denied by judge

A West Daly man charged with attacking a woman with a weapon while on a suspended sentence has lost his bid to be free of electronic monitoring requirements. He argued it caused him to be ostracised from his church community.

Anthony Warnir’s application to have his EMD removed has been rejected. Picture: Supplied.

A West Daly man who allegedly attacked a woman with a weapon has failed in his application to have his electronic monitoring device removed just three weeks after being granted bail, with a local judge rejecting the “premature” request.

On Tuesday morning, Wadeye man Anthony Warnir appeared in the Darwin Local Court with the intent of having his EMD removed.

The court heard Mr Warnir was granted bail on October 4 after he had been arrested and charged with assaulting a woman with a weapon.

Mr Warnir was on a suspended sentence at the time of the alleged attack, the court heard.

Mr Warnir’s lawyer, Isabelle Harding, told the court her client would be “contesting the matter a bit” and maintained an alternative to wearing the EMD was for Mr Warnir to report to the local police station.

“It is submitted that electronic monitoring is not proportionate or necessary for him,” she said.

The court heard Mr Warnir the device “prejudices” him. Picture: Pema Tamang Pakhrin

Ms Harding said the device had created trouble for her client.

“He’s been attending church every day, it’s one of the reasons why EMD does affect him significantly – it prejudices him in the community.”

Judge Therese Austin told Ms Harding to “sit down”.

“I’m going to let you know (that) in my view this is such a premature application for your client who has just been given bail to go to Open House [rehab], after he was remanded in custody because he has offended – allegedly – while on a suspended sentence order,” the judge said.

NT Local Court judge Therese Austin noted Mr Warnir had a “lengthy criminal history”. Picture: Supplied/NT Courts

Judge Austin said changing bail conditions for Mr Warnir, who had a “lengthy criminal history”, was not appropriate after 18 days on bail.

“If we were talking three or four months or something like that you might have a better argument,” she said.

“But you don’t have that at the moment – you don’t.”

Judge Austin addressed the accused directly and said she was “not surprised” by the bail arrangements.

“Thank you Mr Warnir, your bail variation application to remove your electronic monitoring is refused by this court,” she said.

“You are on bail, you are at liberty in the community, it is a strict bail plan for very good reasons.”

Mr Warnir will next face a directions hearing at the Wadeye Court on November 26, 2024.

Originally published as Anthony Warnir: Wadeye man’s request to have EMD bracelet removed denied by judge