A man with multiple health conditions has been denied bail after allegedly murdering a child on the New South Wales Mid North Coast.
The 38-year-old man, who cannot be named for legal reasons, was arrested on October 29 in Bankstown, Sydney, and charged with the murder of a child in Coffs Harbour two years ago.
Police allege the man murdered a two-year-old child, who was found unresponsive at a home in Coffs Harbour on May 23, 2022.
The child was flown to John Hunter Hospital but died two days later.
A coronial inquest into the child’s death began in September but was suspended after a magistrate found there was enough evidence to charge the accused with murder.
He has also been charged with domestic violence-related sexual intercourse without consent.
‘A very unwell individual’
The court was temporarily closed as the defendant applied for a suppression order which would prevent media reporting of the matter.
Defence lawyer James Barnett said his client’s “serious health issues” led to him being taken to hospital shortly after his arrest in October after having a seizure in custody.
Defence lawyer James Barnett leaving court following the rejection of the bail application. (ABC Coffs Coast: Charles Rushforth )
“He had a seizure in cells downstairs and was taken to a public hospital,” he said.
“He basically can’t use one side of his body and is unfortunately a very unwell individual.
“This defendant needs a lot more than what the state of NSW can provide for him a jail hospital.”
Bail refused despite medical concerns
Arguing his client was not receiving the medical treatment he needed while in prison, Mr Barnett said his client’s condition meant he would not be able to defend himself if attacked by another inmate.
Prosecutor Sergeant Jack Chaffey said the man was charged with “the most serious offices the judicial system would see”.
“There are no bail conditions the court could consider that would negate the considerable risk,” Sergeant Chaffey said.
Magistrate Theresa Hamilton denied the bail application, noting the risk the accused would fail to appear was too high due to the seriousness of both charges.
The matter will return to Coffs Harbour Local Court in January.
