Justin Omar Delacruz granted bail after shocking strangulation allegations
A Mackay man is fighting allegations he strangled his girlfriend for four minutes.
A man allegedly strangled his partner for four minutes straight while she fought for her life, Mackay Magistrates Court has heard.
Police allege an argument occurred between Justin Omar Delacruz, 52, and his partner when he choked the woman.
The man appeared in Mackay Magistrates Court via videolink facing one count of choking suffocation strangulation, a domestic violence offence.
The woman claimed she suffered significant bruising and later filed a statement when police located her at the Mackay Base Hospital the following day.
Defence lawyer, Daniel Lane, said he intended to dispute the claims despite police claiming it was a strong case.
The 52-year-old was in a show cause position meaning he had to prove to the court why he should be released on bail.
Mr Lane said his client, who worked as a truck driver in the mines, had no criminal history and the evidence was littered with doubts considering how long the woman claimed he had her around her throat.
“It begs the question as to how she’s still alive,” he said.
Photographic evidence of the alleged bruising was provided.
But Mr Lane disputed the evidence and claimed the alleged victim’s injuries only appeared two days after the incident occurred and a day after she made the official statement to police.
“The injuries don’t appear until two days later...in the photograph provided there are no injuries,” he said.
“If somebody’s got you around the throat, I would, suggest are you concerned about breathing?” Magistrate May said.
Mr Lane agreed that the person would not be concerned about the time, but that it was the alleged time of the assault that his client had to show cause against.
The court heard the pair had since ended their relationship, which Mr lane claimed would put the alleged victim at risk of homelessness if she was to lose the home which was owned by the man’s brother.
“There might be an ulterior motive for the complainant,” he claimed.
Magistrate May granted the man bail on conditions he wear an ankle monitor and not approach, contact or see the victim in any way.
The case is expected to go to trial in the District Court but was listed for further mention on November 6.
