Alleged violent property offender released on bail in Toowoomba

A Toowoomba man police allege was present during a violent home invasion, which left a man stabbed, has been released on bail as the state’s DNA lab continues to cause major delays for the courts.

Picture: File / iStock

A young Toowoomba man police allege was involved in two violent home invasions has walked free from custody due to major delays at Queensland’s forensics laboratory.

After spending 333 days in pre-sentence custody Reech David Deng Amol, 21, was granted bail on charges relating to two home invasions that occurred at Newtown and Drayton on June 20.

During one of the home invasions, a man was stabbed in the leg with a knife.

On Friday, May 17, the Toowoomba District Court heard the Crown was waiting on a DNA report which may be completed in late 2025, which would push Amol’s trial to 2026.

Judge Alexander Horneman-Wren SC said the circumstances surrounding the charges were “concerning” and if found guilty, Amol would “undoubtedly” be sentenced to a lengthy jail term.

“It can be said that the applicant has not yet (spent too much time on remand) but equally, it cannot be said that he will not reach that point, and in all probability will reach that point before a trial can even be allocated,” he said.

“He should therefore be considered at risk of serving too much time.”

Judge Horneman-Wren said Amol had no history of breaching bail and noted the police officer’s affidavit tendered to court was “emotive and unhelpful”.

“The affidavit sworn by the police officer in this case is as embarrassing as it is unhelpful,” he said.

“It in my view incorrectly refers to an overwhelming crown case, that would hardly seem the case when the crown concedes it needs the DNA evidence.

“That affidavit of the police officer is replete with emotive statements and expressions of opinion, it is a submission not an affidavit at all deposing to relevant facts.

“Police officers in swearing affidavits to be placed before the courts in relation to matters of bail must be guided by the requirement that any evidence... must be relevant evidence not expressions of opinions.”

Early in 2024, the Toowoomba Children’s Court heard the two 17-year-old boys, two men, and another person, went to two Toowoomba homes in search of drugs and cash on June 20, 2023.

Judge Horneman-Wren said in his view, bail conditions would mitigate any potential risk to the community and quoted Justice Thomas’ remarks from the 1999 Supreme Court appeal of Williamson vs. the Director of Public Prosecutions.

“No grant of bail is risk-free,” the quote began.

“The grant of bail however is an important process in civilised societies which reject any general right of the executive to imprison a citizen upon mere allegation or without trial.

“It is a necessary part of such a system that some risks have to be taken in order to protect citizens in those respects.”

Amol was granted bail with strict conditions requiring him to report to police every day, and a special condition prohibiting alcohol use.

Amol stands charged with the following alleged offences; unlawful use of a car during an indictable offence in company, attempted burglary with violence while armed and in company, property damage, unlawful entry of a car with intent to commit a crime while in company and armed, and two counts of armed robbery in company with personal violence.

An update on the case will be provided to the Toowoomba District Court on June 20, 2024.

Originally published as Alleged violent property offender released on bail in Toowoomba