Lawyer calls for bail citing lack of evidence over City Cross stabbing

The teen’s lawyer said that, after weeks of requests, SA Police had provided her with CCTV from City Cross arcade just an hour before Thursday’s hearing.

City Cross security guard Harshpal Sharma, 35 in Royal Adelaide Hospital. Picture: Evangeline Polymeneas

There is no evidence – not even on CCTV footage – that proves the boy accused of stabbing a Rundle Mall security guard was the one holding the knife, a court has heard.

On Thursday, counsel for the boy, 14, again urged the Youth Court to release their client on bail, based on the “lack of strength” of the case against him.

The boy’s lawyer said that, after weeks of requests, SA Police had provided her with CCTV from City Cross arcade just an hour before the hearing.

“It shows (the security guard) carrying out two youths, none of whom are my client,” she said.

City Cross on Rundle Street was the scene of a frightening incident in April that left a security guard in hospital. Picture: Keryn Stevens

“While he’s dragging them out, three other boys are throwing punches and one can be seen coming from behind to break up the fight … that’s my client.

“There’s footage of the guard cornering my client, and you can’t see anything but my client’s feet … then my client is dragged outside by the guard.”

She said that footage could not sustain the serious charges faced by the boy.

“It really just appears to be a big scuffle with arms and legs flying everywhere, which is no excuse for someone to be carrying a knife,” she said.

“But that footage does not clarify nor support the prosecution case whatsoever … there is not sufficient evidence to prove their case.”

The boy and a co-accused, 15, were arrested following an incident at the City Cross shopping arcade last month.

Prosecutors have alleged the 14-year-old stabbed security guard Harshpal “Harry” Sharma after he, the 15-year-old and several other teenagers were accused of shoplifting.

In court, the boy blamed his mother – whom he also allegedly threatened to stab – for failing to provide “the level of parenting he requires”.

On Thursday, a police prosecutor said he remained opposed to bail – but also conceded he had yet to watch the footage himself.

Magistrate Todd Grant said he wanted to see the CCTV for himself.

“I do think there’s potentially a risk to the community if (the boy) is released on bail,” he said.

“However, if he’s not the one or the prosecution cannot make the case he’s the one who stabbed the security guard, that changes the facts he’s facing.

“If it falls that there’s inconsistent witness accounts and the CCTV doesn’t advance the matter, that all mitigates in favour of bail being granted.”

Mr Grant will hand down his decision on Friday.

Originally published as Lawyer calls for bail citing lack of evidence over City Cross stabbing