State prosecutors appeal decision to grant bail to Jie Smith on fresh ‘torture’ charge

Jie Smith, a once aspiring rugby league player who tried out for the Newcastle Knights in his youth, is alleged to have detained and tortured his partner of just two weeks inside her NSW home.

He once held aspirations of playing for the Newcastle Knights, but instead, Jie Smith has spent the past several years behind bars accused of multiple acts of violence. Picture: Facebook

State prosecutors have launched a legal bid to overturn a decision to grant bail to a convicted child killer facing fresh allegations of torturing a woman during a horrific domestic kidnapping incident.

Jie Smith, a one-time aspiring NRL player who tried out for the Newcastle Knights, had been on parole for just four months after serving jail time for manslaughter over the death of a six-month-old baby when he allegedly detained the woman inside her home at Gunnedah in July this year.

Documents tendered to the NSW Supreme Court during Smith’s original application for bail reveal the 32-year-old had been seeing the woman romantically for just two weeks when he allegedly held her hostage inside the house, bashed her and burned her with cigarettes.

The incident left the woman with multiple injuries including heavy bleeding, a broken nose, fractured eye socket and swelling to much of her face, police will allege.

Jie William Smith, a convicted child killer, was granted bail by the NSW Supreme Court in October, but has remained behind bars after his parole was revoked. Prosecutors are now fighting to keep him locked up on remand on fresh charges. Picture: Supplied

Smith was refused police bail upon his arrest and had his parole revoked at the time.

However, Justice David Davies agreed to grant Smith conditional bail on the fresh charges during a court hearing last month after Smith’s lawyer said he could live under house arrest with a former partner at Budgewoi - some four hours away from Gunnedah.

Prosecutors opposed the bail application at the time, arguing allowing Smith to live in a domestic situation where he was unable to leave the house was a recipe for disaster.

Smith was granted bail however has remained in custody since the decision date after the NSW State Parole Authority refused to reinstate his parole for the manslaughter charge.

Meanwhile, the officer of the Director of Public Prosecution lodged an urgent appeal against the decision in the NSW Court of Criminal Appeal earlier this month, seeking Smith’s ongoing detention.

Prosecutors have claimed in court that Smith presents an ‘unacceptable risk’ of committing further crimes if released on bail.

During a hearing on Friday before a three-judge panel consisting of justices Julie Ward, Michael Walton and Desmond Fagan, the Crown prosecutor argued there were no bail conditions that could be put in place to mitigate the risk Smith posed to the woman he was set to live with, and the community at large.

The court heard Smith had previously been charged with assaulting the woman, prompting concerns from police and prosecutors she would be put in danger again if Smith was allowed to reside at the premises.

“The risk is real, it‘s significant, the likelihood of [another assault] occurring is extremely high and foreseeable,” the prosecutor said.

However, Smith’s barrister, Lester Fernandez, said his client had protective factors written into the bail conditions including that he be seen by the local Aboriginal health service immediately upon his release.

He also suggested there would be some delay in the case coming to trial, saying Smith was unlikely to get a hearing date at Tamworth District Court before the second half of 2024.

Justice Fagan said the proposed bail address seemed “thoroughly inappropriate” on the face of it, however the panel reserved its decision until a later date.

Court documents tendered to court in the original bail application said police will allege Smith arrived at the woman’s home in the early hours of the morning on July 6, called her “a f—king liar” and forced her inside the bathroom.

He allegedly bashed her, choked her and used his fingers to scratch her eyes before stomping on her head, smashing her skull against the toilet seat and throwing her in a hot shower.

Smith is currently behind bars, on remand on fresh charges, and with his parole on an unrelated matter revoked.

The woman allegedly told police she blacked out three times during the alleged ordeal, but remembered Smith allegedly setting fire to her hair and burning her with cigarettes.

The court heard the woman managed to escape at 6am when friends came into the home and dragged Smith away.

Smith’s criminal record, tendered as part of the Crown documents, revealed he was acquitted of murder but found guilty of manslaughter last year for failing to seek help for a newborn baby in his care after claiming the boy’s mother assaulted him.

Smith claimed the child seized and fell from his arms onto his head as a result of injuries he accused the mother of inflicting on him.

The baby later died of traumatic head injuries.