Former X Factor contestant Mitchell David Callaway, 37, granted bail on $600,000 surety in NSW Supreme Court
Supporters of a former X Factor Australia contestant erupted in cheers as he was granted bail on a charge of murdering a baby girl in the state’s Central West. Here’s the latest on the “distressing” case.
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A former X Factor Australia contestant charged with the murder of a nine-month-old baby girl in the state’s Central West has been granted bail during an emotional Supreme Court hearing.
Mitchell David Callaway’s release on a $600,000 surety came as “distressing” details emerged in the court about “blunt force trauma” seemingly suffered by the infant.
The 37-year-old has been in custody for almost six months after being arrested in June following the death of the girl in 2018.
Emergency services were called to a Binnaway property in July following reports the infant was unresponsive.
The baby was taken to Coonabarabran Hospital by NSW Ambulance, but she died soon after.
On Tuesday, Callaway appeared via audio visual link at the Supreme Court in Sydney for a bail application.
He frequently shook his head, used an asthma puffer and at one point choked back tears during the hearing.
Defence lawyer Nicholas Broadbent questioned the strength of the Crown case, arguing the timing and cause of the injuries sustained by the girl remained unclear.
Mr Broadbent said the case against Callaway was “speculative”.
He indicated a claimed admission by his client to the mother of the child would be disputed at trial.
Crown prosecutor Kim Gourlie contended the girl had been in the sole care of Callaway at the property immediately before emergency services were called.
Callaway called the child a “spoiled brat”, the Crown will contend at trial.
Justice Steven Campbell said Callaway had a criminal history flavoured by “spontaneous aggression”.
“His history of violence is a significant concern,” Justice Campbell said.
“This is a very distressing case.”
He said there was evidence the baby girl had suffered a “blunt force trauma” – either accidentally or deliberately – but there was a “great deal of expert disputation” as to what had happened.
Despite being under suspicion since the girl’s death in 2018, Justice Campbell noted Callaway had made no attempt to abscond.
He said the Crown’s case while circumstantial was not necessarily weak.
Justice Campbell also noted the matter was unlikely to reach trial any earlier than 2025.
He granted Callaway bail and warned the accused not to breach any of the conditions.
“100 per cent, your honour,” Callaway said as he started sobbing.
Supporters erupted in cheers.
The conditions of his release include that he lives at his parents’ home at Bowraville, abstains from alcohol and has no contact with the mother of the deceased girl.
He must also surrender his expired passport to Macksville Police Station and a surety of $600,000 must be posted.
Callaway’s case will return to Dubbo Local Court on December 7.
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