Former X Factor contestant Mitchell Callaway loses bail bid after being charged with murder of baby girl

A former X Factor contestant accused of murdering a nine-month-old girl has the support of his family, a court heard during a bail application today.

Mitchell Callaway has been charged with murdering a baby girl. Picture: NCA NewsWire via NSW Police

A former X Factor Australia contestant charged with murdering a nine-month old baby girl in the Central West has failed in his bid for bail.

Mitchell Callaway’s legal team suggested onerous conditions to secure his release, but Magistrate Julia Virgo was not convinced in Coffs Harbour Local Court on Tuesday.

Defence lawyer Alex Leal Smith said his client could consent to a form of house arrest if granted bail.

Mr Leal Smith provided a “bundle of material” to the court as he sought to secure the liberty of his 37-year-old client.

Callaway was arrested at Bowraville, west of Nambucca Heads, and charged with murder last Thursday – a week after NSW Police issued a plea for information from the public.

Police at the Bowraville home. Picture: NCA NewsWire via NSW Police

It comes after the girl was found unresponsive in a Binnaway home, south of Coonabarabran, on July 23, 2018.

Mr Leal Smith told the court Callaway’s sister was prepared to provide a $100,000 surety.

Callaway watched from custody via audio visual link as his lengthy bail application was heard.

He uttered only three words throughout the lengthy hearing – “Yes, your honour”, when Ms Virgo asked if he could hear and see the courtroom.

Callaway being arrested. Picture: NCA NewsWire via NSW Police

Ms Virgo said given the serious nature of the charge it was on the defence to show why Callaway should be released.

“The Crown case is not strong,” Mr Leal Smith said.

He told the court a partially heard inquest included a difference of opinions by experts on the cause and timing of the baby’s injuries, and cause of death.

Mr Leal Smith said his client enjoyed strong community ties and needed to be at liberty to prepare for a case of “complexity”.

He said Callaway came before the court with the “unwavering support” of his parents and two sisters.

Mr Leal Smith conceded Callaway had a “somewhat lengthy” criminal history, but said the former TV star had not offended since 2018.

Police prosecutor Kylie Banks opposed bail and told the court of concerns regarding Callaway’s attendance at court and potential interaction with witnesses.

Contestant Mitchell Callaway pictured during the 2011 season of popular TV show X Factor Australia.

Sergeant Banks said it was alleged Callaway spent time alone with the child and the baby was found unconscious when a caregiver returned. The nine-month-old could not be revived.

“It’s an exceptionally strong case,” Sgt Banks told the court.

Mr Leal Smith asked the court to consider Callaway’s marked physical changes. The one-time reality show star put on a lot of weight, he said.

“He is not the same person,” Mr Leal Smith said.

Magistrate Virgo said she could not accept Callaway would remain at home at all times if granted bail.

She said any bail conditions “will not mitigate the risks to the Crown witnesses in this matter”.

Bail refused and Ms Virgo adjourned the case to Dubbo Local Court on June 22.