David Bagster: Man bailed to live in Kiama after body in the bin death
A man accused of killing his girlfriend and stuffing her body in a wheelie bin more than a decade ago has been granted bail to live on the south coast.
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
A man accused of killing his girlfriend and stuffing her body inside a wheelie bin will return to the NSW south coast after he was released on bail.
David Bagster, 53, had pleaded not guilty to manslaughter following the death of his former girlfriend Valmai Jane Birch, who was found dead in a council wheelie bin inside her Woonona unit in March 2011.
Police discovered the gruesome crime scene on March 22, 2011, after residents in the Woods Ave building reported a “foul” odour coming from her unit.
After an almost four-week trial earlier this year, the jury was discharged following four days of deliberations, telling Judge Andrew Haesler they were unable to come to a unanimous verdict.
Judge Haesler agreed to grant Mr Bagster bail on Tuesday however, noting he would spend more than two and a half years in custody before his second trial- scheduled for the first half of 2022.
“The delay is unacceptable,” he said. “It is no one’s fault but I do propose to grant bail.”
Mr Bagster was released to bail from Kempsey Correctional Centre on Tuesday, to live with his parents in the south coast suburb of Kiama to live with his elderly father.
As part of his conditions, he will have to abide by a strict curfew, not travel further north than Albion Park and report to police daily.
Crown prosecutors argued against Mr Bagster’s release, noting he may interfere with witnesses and that the allegations against him were too serious.
However, Judge Heasler noted “it could not be said to be an overwhelming prosecution case,” and that the issue of delay was unacceptable.
Mr Bagster will remain on bail until it is revisited at his trial, scheduled for April next year.
WATCH: Moment man with baseball bat turns on kids
Wild footage has emerged of a northern NSW man armed with a baseball bat charging towards two young boys on e-bikes, with one screaming “trying to hit little kids are ya?” See the video.
Man allegedly steals electric motorbikes in shop break-in
A man who allegedly broke into an Illawarra business and stole two electric motorcycles worth nearly $30,000 has fronted court for the first time.