A father-of-two who police allege ran over his ex-partner following an argument at her Albury home might have done so accidentally, a court has heard.
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Defence solicitor Tim Hemsley said the issue would be “whether or not he knew where the person was when he drove” and “just where she was standing”.
James William Phegan was granted bail by magistrate Rodney Brender on Tuesday despite police concern he might be a flight risk given the serious nature of a charge related to the woman’s injuries.
The 27-year-old was flown to a Melbourne hospital to be treated for fractures and internal injuries after the incident, which police said happened on Monday about 10.45am.
Phegan visited the home to talk to his ex-partner. The relationship ended several years ago, Mr Hemsley told Albury Local Court on Tuesday morning, and the pair had children aged seven and five, who lived with their father.
Police have said an argument escalated into an alleged assault – “there’s a push,” Mr Hemsley told Mr Brender, that the prosecutor said resulted in a neighbour coming over to investigate – and then the woman was hit by his reversing car.
Phegan was arrested after his car was stopped on Urana Road in Lavington.
He did not enter a plea to charges of domestic violence-related common assault, dangerous driving occasioning grievous bodily harm/drive manner dangerous and possess a prohibited drug.
The bearded 29-year-old, wearing a grey polo shirt with an upturned collar, sat quietly in the court dock, looking down throughout though occasionally glancing sideways at the bar table as submissions were made.
He was supported in court by his parents and his sister, his father offering a $1000 surety for bail.
Police said they did not necessarily oppose bail, though there was concern Phegan might fail to appear because of the “very serious” driving charge.
That was because he faced a custodial sentence if he was found guilty, though police noted Phegan did not have a criminal history.
Mr Hemsley said concern about Phegan not appearing on bail could be mitigated by the conditions imposed by the court.
He said Phegan lived at home in Gerogery with his parents, worked as a tiler and “he has care of the two children”.
Phegan was granted bail with conditions including the $1000 surety from his father, that he lives with his parents, that he does not go within 100 metres of the victim and that he report to Albury police each Monday and Friday.
An apprehended violence order reflecting these conditions was granted by Mr Brender.
The case was adjourned to May 29.
