Zac Stuart Murphy: Uki man faces court on assault charges

An apprentice glazier has tested positive for Covid-19 after being taken into custody after allegedly offending while on bail.

A Uki man on serious domestic violence charges has been granted bail after testing positive to Covid-19 while in prison.

Zac Stuart Murphy, 20, had his matter mentioned in Tweed Heads Local Court on Monday.

The court heard he was not able to appear on videolink from Clarence Correctional Centre due to health reasons.

Mr Murphy faces four counts of common assault and one count each of stalk or intimidate to cause fear, destroy or damage property and contravene an apprehend violence order.

All of his charges are domestic violence related.

Defence lawyer Phil Mulherin said Mr Murphy had previously pleaded not guilty to three of the common assault charges and the stalk or intimidate charge, which related to alleged offending on November 26, 29, and December 5, 2021.

However, Mr Mulherin said he had not been able to speak to his client to plead to the remaining charges relating to alleged offending on January 4 where he was taken into custody.

Mr Murphy’s mum was in the back of the courtroom during his bail application on Monday.

Mr Mulherin said his client had no prior criminal history and intended to defend charges against him at a hearing on April 8.

He said a custodial sentence was not inevitable due to his age, lack of history, being employed as an apprentice glazier and his positive character references.

Mr Mulherin said his client had been involved in a “toxic” relationship with the alleged victim where at the same time he was struggling with his mental health for the first time in his life.

He told the court there were also concerns the treatment available to Mr Murphy in prison would be “suboptimal” as he had tested positive to Covid-19 but was also an asthmatic.

Police prosecutor Sergeant Chris Martin objected to bail.

Sgt Martin said Mr Murphy had already received bail with strict conditions including not contacting the alleged victim which had allegedly been breached through violence.

He said (if found guilty) the charges did warrant a custodial sentence in order to protect the alleged victim and ensure he was “adequately punished”.

Sgt Martin said there was a short period between the first set of alleged offences and the new alleged offending before the court.

He disputed the claim Mr Murphy would not be sufficiently treated for Covid-19 in the prison.

Magistrate Annette Sinclair granted Mr Murphy bail however raised concerns that all previous bail conditions had been breached in the new set of charges.

Mr Mulherin offered conditions his client could not enter West Tweed and have all contact by phone to go through his mother.

But Ms Sinclair rejected that condition.

“He’s an adult he needs to be responsible - he’s the person bound by conditions,” she said.

Arrangements were made for Murphy’s mother to collect him from Clarence Correctional Centre.

His mother questioned if she too would have to be home every night while her son was on bail.

“Your son is in trouble, he’s facing a jail sentence, he’s been in jail for 6 days,” Ms Sinclair said.

“I would have thought perhaps you would want to be there every night.”

Murphy’s matter will next be before the court on January 24.