Bail bid rejected

Craig Birney

Craig Birney

A North Albury man who is said to have lunged at his ex-partner with a 30-centimetre kitchen knife must stay behind bars.

It is further claimed by police that Craig Birney tried to set a quilt cover on fire in a bedroom of his Waugh Road house.

The confrontation, his bail hearing in Albury Local Court heard, took place while their young daughter was also in the house.

Wearing a grey singlet and blue board shorts, Birney showed no emotion from the court dock when magistrate Rodney Brender said the high likelihood of a jail sentence if convicted meant Birney should not get bail.

Mr Brender was concerned at the risk of Birney failing to appear in court because the defendant might suspect jail was looming.

He pointed also to legislation that stated how anyone who breached an apprehended violence order with violence should be jailed, unless a good reason could be provided as to why that should not happen.

The court was told that Birney had a history of domestic violence perpetrated against the victim.

Birney did not enter a plea but his solicitor said this would be entered at his next appearance.

Birney is charged with contravene an apprehended violence order, stalk and intimidate, damage property by fire or explosion, armed with intent to commit an indictable offence, common assault, assault occasioning actual bodily harm and destroy or damage property.

These relate to an incident police say happened between 8pm and 8.30pm. Birney was arrested two hours later.

Police told the court that there had been an “ongoing pattern of domestic violence” by Birney towards the victim.

In opposing bail, police said there was concern about the ongoing safety of the victim as well as the likelihood of jail on conviction.

“This is a serious breach of the AVO in my submission,” the prosecutor said.

Defence solicitor Camille McKay said there was a degree of duplicity in the charges brought against her client, noting that some clearly were back-ups.

“If it’s accepted by the court that (the alleged victim) was living at the property from time-to-time then the court would most likely find a breach in relation to the order,” Ms McKay said.

The case was adjourned to February 19 after Birney was formally refused bail by Mr Brender.