Jack Anthony Blackburn applies for bail in Rockhampton Magistrates Court

A Rockhampton criminal lawyer has applied for bail after allegedly choking a woman. Here’s what happened in court.

Rockhampton criminal lawyer Jack Anthony Blackburn will remain in custody after being charged with choking a woman he shared a house with.

Mr Blackburn, 34, applied for bail in Rockhampton Magistrates Court on April 12.

He was charged with one count each of choking/suffocation/strangulation (domestic violence offence).

Police prosecutor Clancy Fox opposed bail being granted to Mr Blackburn.

Magistrate Jason Schubert read the facts of the charges to the court, which stated Mr Blackburn allegedly choked the alleged victim twice on March 20 and threatened to put a large wooden pencil through her windpipe.

It is alleged the first choke was with his hands around the alleged victim’s neck and made it hard for her to swallow and breath and caused her vision to blur.

It is alleged he wrapped an arm around the victim’s neck from behind and applied pressure, causing the alleged victim difficulty breathing.

Mr Blackburn is also alleged to have dug his knuckle into the alleged victim’s lower spine, which caused her to drop to the ground.

Mr Schubert said Mr Blackburn and the alleged victim were at a park in the Rockhampton region on April 2 where it is alleged he made threats of suicide by police and to harm other persons, causing the alleged victim stress.

He said there were further allegations of serious threats of harm made by Mr Blackburn to an applicant police officer, threats of suicide by police, threats of suicide by driving into a tree or a truck and threats to blow up a law society building.

Mr Fox said there was a delay in the complaint being made, stating that the alleged victim was “too scared” to inform police about what had happened while Mr Blackburn was present and made the complaint after he was removed from the residence.

He said the alleged victim had received a number of text messages from Mr Blackburn apologising for what had happened and alluding to the victim wanting him to volunteer to a conviction that would end his career and him to end up in jail.

“There has already been some contact referring to the incident and consequences of the offending,” he said.

“The inference from that is he is intending to dissuade her from giving evidence in proceeding with a criminal complaint.”

Defence lawyer Grant Cagney said his client, who had no criminal history, was disputing the charges.

Mr Cagney argued his client was not at risk of interfering with witnesses.

“Mr Blackburn, being someone who knows the law, who knows the importance of court orders and who knows the very severe consequences for anyone convicted of interfering with witnesses or perverting the course of justice places a very strong reason for him not to do those things,” he said.

“He is abundantly aware that often sentences for that type of conduct result in actual prison time.

“His very career hangs by a thread at this point.

“It is a risk for Mr Blackburn that his career may end if he does not comply with conditions of bail.”

He said his client suffered from chronic depression and hereditary spastic paraplegia.

Mr Cagney said his client would struggle in a custodial environment due to his disability and him being a criminal lawyer.

If bail was not granted, he said his client would be in custody for no less than 12 months before his matters would go to trial in a higher court.

Mr Cagney said the mental health ward would admit his client if he was released and that a bail condition could include that he attend the ward after his release and follow any directions provided by mental health.

He said, if granted bail, his client would reside in Byfield, report to Yeppoon police, not attend Gracemere and have no contact with the victim or any other witnesses.

Mr Schubert refused to grant Mr Blackburn bail, stating he presented an unacceptable risk of endangering members of the community and should remain in custody for his own protection.

“I am not satisfied without further medical evidence that those risks could be mitigated through the proposed bail conditions,” he said.

Mr Blackburn was remanded in custody with his matters adjourned to June 1.