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Victoria former chief magistrate defends bail for Frankston assault accused

Amid growing outrage, Victoria’s former chief magistrate defends decision to give bail to the man accused of the Frankston assault.

A man lies on the ground after being assaulted in the Frankston CBD. Picture: Victoria Police.
A man lies on the ground after being assaulted in the Frankston CBD. Picture: Victoria Police.

Victoria’s jails are “full” and refusing more people bail could result in massive costs to taxpayers, the state’s former chief magistrate says as outrage grows over a Frankston assault caught on CCTV.

Ryan Wells was given bail yesterday despite allegedly punching a stranger in a Frankston street last Thursday. Video shows the perpetrator pulling his hand out of his pocket and apparently knocking down a man as they crossed paths.

The victim is seen going to ground and clutching his head while his alleged attacker and two associates walk down the street laughing.

Mr Wells, 32, was charged with intentionally causing injury, assault and affray and appeared in court yesterday.

Ryan Wells has been charged over the assault. Picture: 7 News.
Ryan Wells has been charged over the assault. Picture: 7 News.

Senior Sargent Belinda Rampel told court that Mr Wells had been drinking at Frankston’s Grand Hotel before the alleged attack. The court heard he had taken cocaine and drunk 10 schooners of beer and four bourbons.

The court heard that the victim did not make a formal complaint because he “fears for his life.” It is believed his $2000 set of dentures were smashed when he hit the ground.

Police opposed bail and said Mr Wells posed an unacceptable risk to the community. Mr Wells’ lawyers argued he had a stable job and a place to live.

Magistrate Ross Betts granted bail and placed him on a 9pm-5am curfew and banned him from consuming drugs or alcohol, entering licensed venues or contacting witnesses.

Former chief magistrate Nick Papas QC told Melbourne’s 3AW radio his morning the state’s jails were already at full capacity and magistrates had to consider where to put alleged offenders

“The jails are full. Where do we draw the line? Who are we putting in jail pending final decisions?” he said.

“Yes, let’s tighten; let’s change the law if that’s what we want. But where are we going to put them? Bearing in mind each person (put in jail) costs $100,000 each.”

He said he “probably” would have granted Mr Wells bail as the offence did not meet a high enough threshold for bail to be refused.

On social media, Victoria’s former premier Jeff Kennett blasted the decision to grant Mr Wells bail, describing the alleged attack was “shocking.”

“For Ryan Wells to have been released on bail after the unprovoked attack on a citizen in Frankston is totally unacceptable,” the former premier tweeted. “The footage of the attack the most shocking for any pedestrian.”

Richard Ferguson
Richard FergusonNational Chief of Staff

Richard Ferguson is the National Chief of Staff for The Australian. Since joining the newspaper in 2016, he has been a property reporter, a Melbourne reporter, and regularly penned Cut and Paste and Strewth. Richard – winner of the 2018 News Award Young Journalist of the Year – has covered the 2016, 2019 and 2022 federal polls, the Covid-19 pandemic, and he was on the ground in London for Brexit and Boris Johnson's 2019 UK election victory.

Original URL: https://www.theaustralian.com.au/news/victoria-former-chief-magistrate-defends-bail-for-frankston-assault-accused/news-story/eac24cf5bbf3ff6b05427ae21896e2a8