Timothy Clinton Edwards sentencing delayed after 2020 Bundaberg pipe attack
Four years after a young man suffered critical head injuries, allegedly at the hands of his pipe-wielding neighbour, the stage was set for sentencing. There was just one problem.
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Four years after a brutal attack left a 20-year-old man critically injured with a head wound from a metal pipe, the District Court sentence of his alleged assailant was due to begin on Thursday.
However, due to a miscommunication, the case against Timothy Edwards was delayed once again and relocated from Bundaberg to a Brisbane courthouse.
Charged with one count of grievous bodily harm and assault occasioning bodily harm, Mr Edwards is accused of striking his neighbour in the head with a 1.5m metal l-shaped pipe and hitting another person in the ribs in 2020.
Some of the alleged victim’s family members were in court to see the sentencing on Thursday but Mr Edwards was present.
Judge John Allen said he was not told Mr Edwards was going to appear via video and audio link.
Defence barrister Ed Whitton told the court he was under the impression Mr Edwards was supposed to appear in court.
Judge Allen told the court the last he had heard of a video link appearance was when his colleague Judge Clarke organised an arraignment of Mr Edwards on September 16, however, Judge Allen discarded this decision and set the appearance for a sentence on September 26.
“There was no order made as to whether it would be by video link and it seems to be assumed by the parties at the registry that this would be the case,” Judge Allen said.
Mr Whitton said his instructor checking with the registry earlier in the week when it became apparent that the watch house was not expecting Mr Edwards from prison.
“I don’t know where that authority comes from,” Judge Allen said.
Mr Whitton told the court Mr Edwards was in custody at Woodford Correctional Centre.
Judge Allen told the court that the proceedings couldn't go forward until around 3pm as Woodford Correctional Centre went into lockdown.
“I don’t think we can do it today due to the availability of any video link,” Judge Allen said.
Crown prosecutor Sandra Cupina suggested Mr Edwards could still be delivered to the Bundaberg Courthouse on Thursday to appear.
Mr Whitton said he was concerned about that happening as he was unsure of how Mr Edwards would act, unprepared, being arraigned for the first time while in the courtroom, being mindful of his “psychiatric illness”.
Ms Cupina requested the alleged victim's family be allowed to appear in the court via video link on the next occasion as they lived in Tasmania and wished to provide victim impact statements verbally and engage in the court proceedings.
Judge Allen said the registry would be asked if that could be facilitated.
He transferred the indictment to the District Court in Brisbane and the sentence was set for Tuesday, October 1.
Mr Edwards is required to physically attend.