Yirrkala murder accused denied bail as ‘payback’ risk flagged

A Yirrkala man charged with murdering a teenage boy in a family feud last year has been refused bail following concerns of ‘payback’ if released in Darwin.

UPDATED: A YIRRKALA man charged with murdering a teenage boy in a family feud last year has been refused bail due to an ongoing risk to the community, despite having a place to stay in Darwin.

Anthony Djurrawut Mununggurr, 50, faced the Darwin Local Court for a bail hearing on Friday where judge Ben O’Loughlin ruled he should remain behind bars, saying the case against him was “reasonably strong”.

An earlier committal proceeding heard from local elder, Witiyana Marika, who witnessed the incident and Mr O’Loughlin said there were up to seven more people yet to take the stand.

But he said there was “little risk” Mununggurr would interfere with witnesses in the case as it was “already evident that the two family groups have taken sides”.

“Depending on which family group each witness comes from, they see it from a perspective, I don’t mean that as any criticism or finding of credibility at this stage,” he said.

“But there are positions taken already and in that context the risk of the defendant interfering with witnesses and persuading them to say things in his favour, for example, is low.”

Mr O’Loughlin said there was also a risk Mununggurr would be subject to traditional punishment in the form of “payback” if released, even if he did not return to the East Arnhem community.

“He would, on that bail plan, live in Darwin, which is better than Yirrkala, but there is still a concern that the defendant, that his release in Darwin would be a risk to the safety of the community,” he said.

“The families from Yirrkala are large and some are in Darwin and this tragedy is well known, and as we’ve heard of payback already that’s happened in Yirrkala, there is a risk that that could happen in Darwin if the defendant was released.”

Addressing Mununggurr directly after making his ruling, Mr O’Loughlin said his decision could change after the rest of the witnesses had given their evidence.

“At this stage, I have refused bail, when the committal is over, I’m hinting, I’ll say it directly, that I will entertain a further bail application when we’ve heard the end of this round of evidence,” he said.

“But unfortunately that can’t be done now and can’t even be done in July, so no bail for now, but I’m not ruling it out in the future.”

The committal hearing has been adjourned until a date to be fixed.

EARLIER: A MAN alleged to have fatally stabbed a 17-year-old in Yirrkala last year is being considered for bail.

Anthony Djurrawut Mununggurr appeared in court via video link on Tuesday for the second day of his bail application.

He stands accused of murdering a teenage boy during a clash between rival families on April 28, 2021, and was subsequently taken into custody on April 30, where he has remained.

David Grace QC appeared before Judge Ben O’Loughlin calling for bail until a Supreme Court date eventuated, allowing his client full access to legal aid.

“When someone is on trial for murder, facing life imprisonment you would hope they have full access to give instructions,” Mr Grace said.

“If he was not in custody it would be so much easier. It presents an impossible burden on a legal aid authority to be able to properly represent and give instructions.”

The bail proposed will involve strict conditions including residential condition, an electronic bracelet, acceptance of visits by corrections and police curfew and inability to leave the Darwin area.

The Director of Public Prosecutions (DPP) neither opposed or consented to the application, leaving the decision to the court.

Mununggurr will return to Darwin Local Court on June 10.

Originally published as Yirrkala murder accused denied bail as ‘payback’ risk flagged