Rard Malcolm Thomas: Former military policeman charged with manslaughter breaches bail

A former military policeman charged with manslaughter has breached bail in the state’s northwest. Here’s the latest.

Rard Malcolm Thomas will go on trial next year in Dubbo District Court.

A former military policeman charged with the manslaughter of his mother’s husband has had a detention application against him dismissed after striking a man twice while on bail in the state’s northwest.

Rard Malcolm Thomas, 24, appeared in Dubbo District Court on Friday after the Director of Public Prosecution’s sought for him to be detained after breaching his bail conditions.

He is due to stand trial next year for three charges including manslaughter, assault occasioning death and assault causing death by a person 18 years or more.

Police allege emergency services were called to a home on Nandi St in Coonabarabran about 7pm on May 12 last year following reports a man was found injured.

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

Rard Malcolm Thomas will go on trial next year for three charges including manslaughter.

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

In court on Friday crown barrister Mark Davies submitted the detention application after what he detailed as a “violent altercation” with a victim at the Railway Hotel in Gunnedah “about 11.30pm on November 5”.

Rard Malcolm Thomas.

Thomas was subsequently convicted and fined $300 on November 21 in Tamworth Local Court for offensive behaviour.

Mr Davies said Thomas breached his bail conditions when he also “consumed intoxicating liquor” at the hotel and he poses an “unacceptable risk” of committing further offences.

The court heard from Mr Davies who submitted bank statements from September 1 to November 22 this year where Thomas is alleged to have made more than 40 purchases of alcohol.

“It’s not the crown’s position the accused isn’t generally well behaved … the unacceptable risk comes when the accused is presented [with] provocation and [he] lacks the impulse [to not react],” Mr Davies said.

Thomas appeared in Dubbo District Court on Friday.

“Causing him both for the [alleged manslaughter] and [incident in] Gunnedah [to] punch out at someone’s head.

“The crown says this spontaneous reaction and his unfettered impulse to punch the provocateur‘s head [has] caused the unacceptable risk.”

Mr Davies told the court he believes the offence in Gunnedah is “very similar” to the alleged offence in Coonabarabran from last year and Thomas is unwilling to abide by bail conditions.

“The crown says the financial records aren’t proof beyond reasonable doubt [that] liquor was bought as set out in invoices … the crown says the court can be entitled to find as a matter of common sense … at least some of those purchases of alcohol were consumed by the accused,” Mr Davies continued.

“It simply doesn’t make sense [Thomas] would make 40 odd purchases of alcohol … [and not consume them] … he would be the best friend in the world if he was doing so.”

Thomas’ defence barrister Ben Cochrane accepted his client’s use of “physical violence”, although disputing the crown’s submission it was spontaneous, saying he was provoked, pointing to witness statements which describe the victim as being “belligerent and aggressive”.

“[In the] video and in the facts [the victim] approached Thomas and got right up into his face … [he was] pushed away by Thomas to prevent any violence … it’s only subsequently when [the victim] persists that Thomas resorts to punching,” Mr Cochrane said.

Judge Craig Smith disagreed with parts of the submission, saying “the other man walks up to Mr Thomas … to my observation has his hands down by his side … [and] Thomas uses a strong left jab with force”.

“He certainly has something in him that enables him to physically hurt other people,” Judge Smith said.

“A very simple proposition [for Thomas is] don’t drink alcohol, turn away and walk away.”

Mr Cochrane explained to the court the licensee of the Railway Hotel “observed [Thomas] not to be intoxicated” but he did concede his client breached bail by drinking on the night.

“It might make more sense here to take steps that would keep him away from places where other people are drunk,” Mr Cochrane said.

However, Mr Cochrane sought to explain why Thomas had bought alcohol, saying his client’s “rugby team” has a relationship with the hotel and they often “engage in shouts” and “that’s why you sometimes see him” buying alcohol.

In determining whether Thomas should be detained, Judge Smith had a particular problem with Thomas’ violence due to his “physical stature” and the “serious matter he is to stand trial on” next year.

“In the face of that and numerous conditions of bail, he was prepared in circumstances where in his own [description] he was not significantly intoxicated,” Judge Smith said.

“Firstly to drink alcohol and [then] put himself in a position where he to my mind [acted] in a very forceful and skilled way.

“[He] struck out twice to the man who at the time had his arms down by his side … those events greatly concern me.

“I do have genuine concerns as to whether he is at further risk to the community … by hurting people.”

Despite these concerns, and the “real strength in the submissions by the prosecution”, Judge Smith dismissed the detention application.

Thomas’ bail will continue with a further three conditions to be imposed, including not to drink or purchase alcohol or enter any premises where alcohol is sold, to comply with a curfew from 8pm to 5am and to present himself to the door at the direction of any police officer.