A man and woman accused of attacking his brother with a baseball bat as he slept in his Lavington home will remain behind bars.
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Tannin Phillips and Kara Lee Murray, both 25, were quickly grabbed by police after the alleged incident at a McDonald Road unit on Sunday about 4am.
Phillips showed no emotion when magistrate Tony Murray refused him bail on Monday afternoon, partly due to the “strong” prosecution case.
But Kara Murray was clearly unsettled as she earlier sat handcuffed in the Albury Local Court dock.
She fought back tears throughout her appearance and mouthed the words “I love you” to her mother and grandmother just before she was led back to the cells.
Police have alleged that Phillips – who Mr Murray was told had known criminal associates and a history of violence – wore a balaclava and also smashed a window.
The victim woke after being hit with the bat. After a struggle, Murray and Phillips tried to flee in a waiting car, police have alleged.
Detective Inspector Winston Woodward said the victim was “fine” despite suffering cuts and bruising.
Mr Murray pointed out how Phillips had made a comment about his brother being bashed in the head when he would not have had that information if he wasn’t involved.
But defence solicitor Camille McKay said Phillips could have become aware of this through watching a police evidence video recording of his brother that revealed the injuries.
Mr Murray cast doubt on this argument given what he said was the context in which Phillips’ comment was made, though believed it would need to be addressed by the prosecution.
The pair each face a single charge of special aggravation break and enter and commit a serious indictable offence of wounding.
“It’s a serious and violent offence,” Mr Murray told Phillips in refusing him bail. He pointed out the charge carried a minimum non-parole period of seven years in jail should they be convicted.
Defence solicitor Tim Hemsley said Kara Murray had no prior knowledge of what was going to unfold, had been dropped at the unit by a cousin and simply stood in a doorway and took no part in the alleged attack.
But Mr Murray said the fact that she remained silent and was in the unit at the unusual hour of 4am did not help her case.
The pair were remanded in custody to appear again by video link from jail on August 14.