Rard Malcolm Thomas accused of murdering mother’s husband granted bail

The 23-year-old, accused of murdering his mother’s husband, has been granted bail with strict conditions, and his family putting up a combined $55,000 surety.

Murder accussed Rard Malcolm Thomas has been granted bail.

A military policeman accused of murdering his mother’s husband has been granted bail with strict conditions and his family putting up a combined $55,000 surety.

Rard Malcolm Thomas, 23, appeared in Tweed Heads Local Court on Friday by audiovisual link from Clarence Correctional Facility.

He faces one count of murder and a second charge of assault causing death by a person 18 years or more while intoxicated was added on Friday morning.

No pleas have been entered.

Police allege emergency services were called to a home on Nandi Street about 7pm on May 12, following reports a man was found injured.

Police were told a group of people had gathered at the home when David Bennett, 53, was found at the front of the house with serious injuries to his head and face.

The injured man was taken to Coonabarabran Hospital and subsequently flown to St George Hospital where he later died.

Mr Thomas applied for bail on Friday.

Rard Malcolm Thomas has been charged with murder over an alleged fatal assault in Coonabarabran.

The defence addressed a number of his concerns for his client including extra hardship he would face in custody due to being an army policeman and of Aboriginal heritage.

He said Mr Thomas had a rotator cuff injury requiring surgery which was causing him considerable pain and required him to wear a sling.

He said Mr Thomas would also likely face delays of two to three years before the matter was heard before either the District Court or Supreme Court, foreshadowing that the murder charge could be dropped.

Regarding flight risk, he said his client had been in contact with police as early as May 20, and through his lawyers had offered to surrender before he was arrested and extradited.

Community ties to his work, partner and child were also addressed as well as Mr Thomas’ minimal criminal history with no convictions.

In terms of the evidence, the defence said there was an issue of causation of the death as the police facts alleged another person had assaulted Mr Bennett prior to Mr Thomas’s alleged assault and said the prosecution case was perceivably weak.

This was rejected by police prosecutor Sergeant Nathan Lockett who said prosecution had spoken with a number of witnesses who supported the alleged police facts.

He said it was alleged Mr Thomas had a conversation with Mr Bennett during a funeral in a courtyard where Mr Thomas allegedly punched Mr Bennett so hard that he fell onto concrete and the rear of his head bounced on the ground.

The defence told the court Mr Thomas had attempted to care for Mr Bennett after he fell however the prosecution denied this and alleged Mr Thomas walked away.

The two parties also disputed whether Mr Thomas was intoxicated at the time or not.

Sgt Lockett raised concerns that all of the witnesses were either close friends or family and there was a risk of interference, however, the defence argued up to three years was an excessively large time for someone to not be allowed to contact their close friends or family.

Rard Malcolm Thomas has been charged with murder over an alleged fatal assault in Coonabarabran.

Sgt Lockett also told the court the military had contacted police to confirm they expected Mr Thomas would be discharged.

Magistrate Geoff Dunlevy said at this early stages it was difficult to prove the mental state required for a murder charge to be upheld – a charge which could see up to 25 years, or a life imprisonment sentence.

“The prosecution do have significant problems in proving the mental state,” Mr Dunlevy said.

“The defendant overall has a compelling case when it comes to addressing bail concerns.”

Mr Thomas was granted strict bail where he was required to live at a Carseldine, Brisbane address, to report to police three times a week, to not seek to recover his passport from the Australian Defence Force, nor apply for, or otherwise obtain, any other international travel document, to not consume intoxicating liquor, and for his mother to secure a surety of $50,000, and his two sisters and girlfriend to deposit a combined surety of $5000.

Mr Thomas was further not allowed to communicate with anyone who was present at the wake on May 12 with this condition to automatically cease on September 16 – to allow police to complete all witness statements.

The matter was adjourned to Dubbo Local Court on September 16.