A man accused of dousing his ex-partner in petrol and threatening to set her alight was on bail for other offences against the same alleged victim at the time.
A man accused of dousing his ex-partner in petrol and threatening to set her alight was on bail for other offences against the same alleged victim at the time. Pexels

Petrol attack: Lawyer wants serious DV case thrown out

THE lawyer for a man accused of threatening to set his ex-partner alight after dousing her in petrol has asked a court to have the case discharged.

Under current NSW legislation, charges to be committed to the higher courts should be finalised, or "certified", within six months.

But the Casino man, facing various domestic violence allegations, including that he doused his alleged victim in petrol with intent to inflict grievous bodily harm in the early hours of November 25 last year, has been in custody since the alleged incident.

Only this week was a charge certificate filed to Lismore Local Court, when the accused appeared via video link from Mid North Coast Correctional Centre on Wednesday.

According to the legislation, this should have happened in May.

His solicitor, Kylie Anderson-Clarke, asked the court to discharge the case due to that delay

While he's entered no formal pleas, the court has previously heard he "strongly denied" the allegations.

Ms Anderson-Clarke said the case was "neither an exceptional nor a complex case".

The court heard the prosecution evidence involved a video recording from the time of the complaint, photographs, a statement form police and forensic statement.

"Whilst the allegations are serious... he's been in custody bail refused on this matter since November 26," she said.

The DPP prosecutor opposed the application and said the court must consider "what is in the interest of justice".

Magistrate David Heilpern said the legislation gave judicial officers a clear choice when the six-month timeline had not been met: to discharge a matter, or simply adjourn it.

The court heard the man was on bail for assaulting the same complainant at the time of the alleged November incident.

"That shows very strongly it's in the interest of justice for this case to be proceeded with," Mr Heilpern said.

"The tardiness of the police in this case, or the DPP ... is certainly not the fault of the victim."

Ms Anderson-Clarke is expected to make a fresh application for bail, and for costs resulting from the delay, on a later date.

The case was adjourned to a date in September.

NEW SOUTH WALES DOMESTIC VIOLENCE SERVICES

  • NSW Domestic Violence Line: 1800 656 463
  • 1800RESPECT national hotline: 1800 656 463

QUEENSLAND DOMESTIC VIOLENCE SERVICES

  • DVConnect Womensline: 1800 811 811
  • DVConnect Mensline: 1800 600 636
  • 1800RESPECT national hotline: 1800 656 463


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