Manslaughter accused expected to apply for bail
TWO Ballina men remain in custody over the alleged fatal assault of a Sunshine Coast man in the streets of Ballina.
Lismore
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ONE of two Ballina men charged over an alleged fatal assault in Ballina is expected to apply for bail later this month.
Justin Anderson, 26, showed no emotion when he faced Lismore Local Court via video link from custody on Tuesday morning.
He and 22-year-old Bradley Presbury were charged with manslaughter over the death of 38-year-old Aaron Marks, who was found unconscious on River St in Ballina in May last year.
Mr Marks, originally from the Sunshine Coast, had been living in Iluka at the time of the alleged incident.
He was initially in a critical condition in a Queensland hospital, where he later died.
His solicitor Crystal Triggs told the court Mr Anderson hoped to make an application to be released from custody.
"Mr Anderson has not made a bail application in this matter and seeks to do so," she said.
DPP prosecutor Clare Magni told the court her office would continue to deal with Mr Anderson's most serious allegation of manslaughter.
She said his other charges of possessing a prohibited drug and having goods in custody suspected of being stolen would be returned to police prosecutors as they were "unrelated charges".
Mr Presbury also remains in custody and did not appear before the court.
His solicitor, Rod Behan, said the prosecution had filed a charge certificate and the matter would require a case conference.
The same process will be undertaken between prosecutors and the defence in regard to Mr Anderson's allegations.
The court heard Mr Presbury's charges of manslaughter, drug supply and two counts of acting with intent to pervert the course of justice would proceed to the District Court.
A charge of assault causing death will not proceed.
Magistrate Alexander Mijovich adjourned both cases to June 18 and set Mr Anderson's bail application down for April 26.
The pair have lodged no formal pleas to their charges.
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