Luke Joshua Cantwell denied bail, allegedly bit police and broke skin
A delivery driver, whose lawyer claims he no longer poses a risk despite “multiple serious charges against eight people”, has made a bid for bail.
Police & Courts
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A deliver driver charged with 20 alleged crimes including the serious assault of a police officer, has been denied bail … again.
Frustration was palpable in Bundaberg Magistrates Court this week when it took more than an hour for Luke Joshua Cantwell’s bail application to be decided amid discussions on his complex mental health history, alleged offending and self-induced judicial delays.
It’s the second time Mr Cantwell’s bail has been denied since he was arrested.
His latest bid was based on a “material change of circumstance” because he claimed he had an address to go to should he be released while awaiting Bundaberg court proceedings on 20 charges including serious assault of a police officer by biting, serious assault of a police officer causing bodily harm and assault occasioning bodily harm.
The court heard the 23-year-old also faced a further two charges in the Caboolture court for alleged assaults on corrective service officers.
It also heard that during Mr Cantwell’s first bail application, he was labelled a “risk of violent reoffending, a risk to himself”.
Lawyer Ria Ku appeared for Mr Cantwell and told the court her client planned to appeal all charges as efforts were being made to have him assessed by a Forensic Psychiatrist to determine if he was mentally fit to stand trial.
Mrs Ru claimed due to the inability to secure an assessment until May 2024, it would be unfair to keep Mr Cantwell in custody as he had already spent six months and four days behind bars, adding to ongoing court delays.
Magistrate Edwina Rowan questioned this, citing a Court Liaison Service report submitted during the previous bail application which claimed Mr Cantwell “did not present with symptoms which may indicate psychosis, mania or major depressive disorder.”
“He was previously prescribed treatment, but was not taking any of his medication, he engaged appropriately … he demonstrated capacity to make decisions regarding his mental health,” Ms Rowan said.
She also noted several of the court delays were due to Mr Cantwell’s refusal to appear before the court.
Mrs Ru insisted her client’s release was necessary due to his inability to obtain specialist care while in custody, however Mrs Rowan said Mr Cantwell had previously breached past bail conditions which required him to book mental health appointments.
In response, Mrs Ru claimed Mr Cantwell had allegedly been prevented from receiving care in Bundaberg due to prejudices held against him by the Bundaberg Hospital and Friendlies Hospital staff.
She also claimed if released, Mr Cantwell would be able to access specialist care on the Sunshine Coast, where his new address was proposed.
However, the court heard that address was also not appropriate.
The magistrate also questioned Mrs Ru’s claims her client no longer posed a risk, telling the court Mr Cantwell had allegedly assaulted multiple service officers within the prison on September 15, 2023 and that those assaults were captured on CCTV.
Police prosecutor Vicki Kennedy-Grills opposed the bail application and said Mr Cantwell had allegedly perpetrated “multiple serious offences” against eight victims, and believed many of his charges might proceed to a higher court.
“The substantive offending is the serious assault on a police officer with a bite, it is alleged to have occurred on the 31st of July 2023 in the Bundaberg Watch House on a police officer, breaking through the skin,” she said.
Sergeant Kennedy-Grills also claimed Mr Cantwell was not at the risk of spending too much time in custody if he was found guilty on the alleged charges and sentenced cumulatively.
The bail application was rejected and the case was adjourned to March 19, 2023.
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