Alleged murderers Jordan and Dominic Von Stanke released on bail after lawyers complain about problems seeing them in jail
BROTHERS accused of murdering Mount Gambier man Rex Court will be released on bail — because their lawyers have complained they don’t get enough time to see them in prison.
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- Alleged Rex Court murderers denied bail for a second time
BROTHERS accused of murdering Mount Gambier man Rex Court will be released on bail — because their lawyers have complained they do not get enough time to see them in prison.
On Wednesday, the Supreme Court released Jordan and Dominic Von Stanke on $40,000 home detention agreements, with strict conditions attached.
The duo, who allegedly used professional wrestling moves to kill Mr Court, must live at separate addresses and have no contact with one another.
Their father, meanwhile, must move out of one home and live somewhere else while their uncle, who lives at the second address, must surrender his firearms.
It is the third time the Von Stankes have sought bail since their arrest in May.
Justice Kevin Nicholson granted bail to the duo after their barrister, Mark Griffin QC, said their current incarceration status made it “virtually impossible” to prepare their defence.
“They are on remand at Port Augusta Prison ... to obtain instructions and provide them with the necessary materials involves complex logistics and an eight-hour round trip,” he said.
“This is a complex matter, enormously difficult and time-consuming ... it requires (counsel’s) personal attendance.
“That’s made virtually impossible by virtue of them being at Port Augusta.”
The brothers, both of Carpenter Rocks, 35km outside Mt Gambier, are yet to plead to one count each of murder.
It is alleged they and their co-accused, a 15-year-old who cannot be named, killed Mr Court, 32, in a street brawl on May 13 following a verbal altercation.
The alleged co-accused secured home detention bail soon after his arrest.
On Wednesday, Mr Griffin said the brothers were due to face the Adelaide Magistrates Court on January 15, at which time he would make an application on their behalf.
He said he wanted to cross-examine a forensic pathologist, prior to pleas being entered, about “the mechanics” of the alleged brawl and Mr Court’s death.
“A (self) defensive position is likely to be in the frame (of discussions),” he said.
Mr Griffin said the lack of time afforded, by prison authorities, to lawyers meant he would have no time to properly discuss the case with his clients.
“You get 30 to 45 minutes per session, then you have to leave and make another appointment ... if you’re lucky, it’s on the same day,” he said.
“The problem is so persistent that the practical reality is, by the time you get in and out, the most you get is 30 minutes.”
Prosecutors opposed the duo’s release, saying the allegations were too serious and the proposed residences were unsuitable.
Justice Nicholson said the strict conditions could counteract such concerns, released the Von Stankes on bail and ordered they face court again in January.
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