Shane Bowden murder-accused Joshua James Small granted bail under house arrest

One of nine men accused of the execution-style murder of an infamous bikie has been granted bail under a strict house arrest after putting up a $500k surety to secure his release.

Joshua Small has been granted bail after over three years on remand for the alleged murder of bikie Shane Bowden

One of nine men accused of the execution-style murder of an infamous bikie has been granted bail under a strict house arrest after putting up a $500k surety to secure his release.

Joshua James Small, 32, is charged with the murder of former Mongol Shane Bowden on October 12, 2020.

The prosecution alleged Bowden was shot dead in Pimpama by two hooded men associated with the Mongols motorcycle gang.

Mr Small is not accused of shooting Bowden, but alleged to have placed a tracker on his car and to have known about the plot to kill Bowden.

At Mr Small’s Brisbane Supreme Court bail application on Thursday, Justice Declan Kelly said it would be alleged Mr Small’s action of placing the tracker was “integral and crucial to the plan” and that his DNA was located on the device.

Judge Kelly said the DNA would form a key part of the prosecution case, along with the testimony of a “Witness A” who had claimed Mr Small confessed to him in prison.

The prosecution allege Mr Small confessed to Witness A that he was a member of the Mongols bikie gang.

Judge Kelly said Witness A claimed Mr Small had told him: “me and the brothers did that c**t off anyway”.

Gold Coast bikie Shane Bowden

The court heard Witness A had also claimed Mr Small made comments which made him believe that Mr Small’s father could put him in contact with people who could sell him guns.

Defence barrister Martin Longhurst had previously submitted that Witness A was unreliable, and would be cross-examined at Mr Small’s committal hearing – scheduled for February 2025.

Justice Kelly noted lengthy affidavits from Mr Small’s parents showed that they “condemned outlaw motorcycle groups” and refuted claims that Mr Small’s father had any involvement in firearms.

Mr Small’s parents had put up their Mission Beach home, two hours from Cairns, as a proposed bail address – along with offering a $500,000 surety.

Mr Small’s bail was previously denied in February 2024, at which time the same bail address was proposed.

But at that stage Mr Small had been proposing to work in a job that would require him to spend time in the community.

At his November bail application, Mr Longhurst submitted there had been a material change in circumstances, as his client had now spent a further nine months on remand and had also been offered a marketing and admin role that would allow him to work from home.

Mr Small has been remanded in custody since July 2021.

Supporters of Joshua Small, who is charged with the murder of ex-Mongol Shane Bowden, leave Brisbane Supreme Court with defence solicitor (wearing blue suit) on November 7, 2024. Picture: NewsWire / John Gass

Mr Longhurst said his client would comply with strict conditions including house arrest and a fitted electronic monitoring device.

Prosecutor Brendan White opposed bail, raising concerns that Small could use encrypted messaging to interfere with witnesses in the case.

He said such messages were difficult to monitor, so even a condition that Mr Small not used encrypted messaging services would not adequately ameliorate the risks in his view.

However, Justice Kelly commented that argument “goes to a point where if you’re a member of a gang, you don’t get bail”.

Justice Kelly found that Mr Small had shown a material change in his circumstances since his last bail application, and that strict conditions could adequately mitigate the risks he posed.

He granted Mr Small bail under conditions he reside under house arrest at his parents house, that no one attend or stay at the house without authorisation, that Mr Small not leave Queensland or apply for a passport, that he have no contact with the co-accused and witnesses, and that he only possess one phone, not use any encrypted applications, and provide police access to any other devices.

Supporters of Mr Small who attended court for the bail application hugged each other in an emotional display outside the courtroom after bail was granted.