Man accused of Yamba stabbing during wild brawl last year appears in Grafton Local Court
A 22-year-old man accused of stabbing another man three times during a wild brawl in Yamba late last year has made a bid for bail
Police & Courts
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A Yamba man accused of a violent stabbing during a wild brawl late last year will remain behind bars after his bail application was rejected.
Ethan Wright appeared via audiovisual link in Grafton Local Court yesterday from Mid North Coast Correctional Centre, after his solicitor Greg Coombes successfully persuaded magistrate Kathy Crittenden that disclosure of CCTV footage was a change in Mr Wright's circumstances that warranted an application for bail.
The 22-year-old was charged in December last year of using an offensive weapon with intent to commit an indictable offence, affray and wounding a person with intent to cause grievous bodily harm.
Police allege that on the evening of December 12 last year Mr Wright and two other co-accused were loitering on Pilot St, Yamba, after they had been ejected from the Yamba Shores Tavern and refused entry to the Pacific Hotel due to the group's intoxication.
The court was told that Mr Wright and the two co-accused allegedly attempted to instigate a fight with another group of men that were in the vicinity. During the incident Mr Wright is accused of producing a knife and waving it around, before another 22-year-old was stabbed three times in the abdomen and groin during the altercation.
Mr Coombes conceded his client was in possession of a knife and that he did swing the knife at the alleged victim that night, and it was as a result of this that he struck the other man and inflicted the injuries that are subject to the charges. However Mr Coombes submitted that it was his client's position that he was acting in self defence, and that it was the alleged victim who was the aggressor in the altercation.
With the CCTV of the incident played in the court, Mr Coombes submitted it showed the other man "swinging his arms" at his client during a second phase of the altercation and chase Mr Wright some 30m away from where the initial fight broke out.
Mr Coombes proposed strict bail conditions that would be akin to "house arrest", including that he reside in Yamba with his mother, not leave his house unless in her company and report to police three times a week.
In opposing the application the police prosecutor said their case was a strong one, given the CCTV footage and number of witnesses that had seen the incident, and that it would be up to a court to decide whether Mr Wright's actions to defend himself were reasonable given the alleged victim was unarmed and "essentially trying to dissolve the situation".
The prosecution also pointed to the severe injuries suffered by the other man, which saw him undergo emergency surgery at Lismore Base Hospital the next day, as an indication of the gravity and seriousness of the alleged conduct.
The prosecution told the court that if found guilty on the more serious charge of wounding a person with intent to cause grievous bodily harm, Mr Wright would "inevitably" serve a custodial sentence given the charge carries a maximum penalty of 25 years jail with a standard non-parole period of seven years on indictment.
Magistrate Kathy Crittenden said on the material before the court it was "evident" that it was established an exchange between the alleged victim and Mr Wright had taken place, and that at the time Mr Wright was armed with a knife. Ms Crittenden also said it was evident the injuries caused to the other man were as a result of being struck by the accused with the knife, as conceded by Mr Coombes.
"It's hard to overstate the gravity of the alleged offending," Ms Crittenden said.
"The accused is entitled to a presumption of innocence, however on the material before me it is a strong prosecution case in an offence of extreme violence."
While Ms Crittenden said it was "not appropriate" at a bail hearing to assess any outcomes that may be produced should the matter go to trial, she said the material established very serious bail concerns and a threat to the safety of the community.
"The very nature of the alleged offending and the use of a knife causes me to come to the view that in all the circumstances there's an unacceptable risk to the safety of the community, and bail is denied," the magistrate said.
Mr Wright is yet to enter a plea to the charges, however Mr Coombes suggested the matter would be defended if it were to proceed to a trial.
The matter was adjourned to allow the police brief of evidence to be filed and Mr Wright will next appear in Grafton Local Court on March 29.
Originally published as Man accused of Yamba stabbing during wild brawl last year appears in Grafton Local Court