Bail has been granted to a man accused of badly beating his 64-year-old female neighbour, due to concerns about him staying in custody during the coronavirus pandemic.
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Arthur Rule, 48, and his son Quinton have been in custody for the past nine months after they allegedly used a bat and a pole to smash a glass sliding door to enter the victim's home then assault her.
Quinton Rule has admitted his role in the attack, but Arthur Rule is pleading not guilty.
Cobram Detective Senior Constable Bree George told Wangaratta Magistrates Court yesterday tensions between the victim and the Rule family started when they claimed she damaged a tree that was hanging into her property.
It then escalated to the point where both parties had intervention orders against the other.
It was about midnight on July 20 last year when the victim said the two men broke into her home, hit her in the back with the weapons, then hit her on the legs and ankles as she curled into a ball on the floor.
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Detective George said Arthur Rule allegedly told her to "get out of town and don't go to the cops" after the "vicious assault" before giving the woman her car keys.
She crawled out of the house and into her car, but the two men allegedly hit the car panels and headlights with the weapons as she reversed out the driveway.
The woman's spleen was shattered and had to be removed, plus she had surgery on seven ribs, four broken fingers and a broken ankle, spending 14 days in hospital and four in the intensive care unit.
"She's suffered physically, mentally and psychologically," Detective George said.
She said although the son had admitted his role in the assault, she believed he was "covering for his father" and Arthur Rule was more the aggressor.
"(Arthur Rule) stated he was unable to remember the incident, he said he had been drinking that evening ... (and had) an epileptic seizure," she said.
Rule's solicitor Brendan Wilkinson said his client was concerned about his health, including his epilepsy, being in custody during the coronavirus pandemic and contested hearings and trials were all being adjourned.
"It is not known how long the delay will be," he said.
Magistrate Peter Dunn granted Rule bail with the conditions he provide a $50,000 surety, report to police three times per week, live in Mooroopna with a curfew between 6pm and 9am, and not consume drugs or alcohol.
He said the prosecution had a very strong case against Rule, but the risk of him reoffending could be managed by the conditions.
"We're in the midst of a delay and I'm thinking about the effects of the pandemic on those in custody," he said.
The case was listed for a committal hearing this week, but that will be adjourned until the court's distancing restrictions are lifted.