Alleged one-punch attacker warned not to be ‘too cocky’
A Mackay magistrate has questioned why it will take a doctor two months to supply "basically one paragraph" in relation to a man's injuries following an alleged one-punch attack at Caneland Central.
Jesse James Ryan has been in custody since the incident which was captured by CCTV cameras on September 5 this year.
A court heard his bail bid was initially rejected but Magistrate Damien Dwyer said prosecutors may have to rethink their position on his release if it was going to take two months to obtain further medical evidence labelling Mr Ryan's continued detention as "becoming unjust".
Mr Dwyer said the 21 year old had been in custody since September "waiting for a doctor to do his job".
Mr Ryan is charged with causing grievous bodily harm - which has a maximum penalty of 14 years jail and must be dealt with in the district court.
However Legal Aid Queensland solicitor Rosie Varley said there were issues over whether any injuries actually equated to grievous bodily harm.
Mackay Magistrates Court heard the incident was "very clear" on CCTV footage, which allegedly showed the man backing off and rolling a smoke when he was struck.
"The victim's head has struck the pavements where he was struck by (Mr Ryan)," Prosecutor Sergeant Sabine Scott said.
He was treated at Mackay Base Hospital and prosecution has sought an addendum statement from the treating doctor in relation to the injuries.
Sgt Scott said a further statement from a neurological specialist in Townsville was also sought.
The court heard some of the medical evidence was expected to take eight weeks.
"This is getting ridiculous, that a young man has got to sit in jail for a doctor to take two months. I'm not going to allow it," Mr Dwyer said.
At this Mr Ryan, who appeared in court via videolink, yelled "yes" to which Mr Dwyer warned him not to be "too cocky".
"Mere fact that you make an application for bail doesn't mean for one second that you're going to get it," Mr Dwyer said.
The court heard it was unknown if the man had been receiving ongoing treatment by some other doctor and it was also unclear what injuries he had received from the alleged attack.
Sgt Scott told the court in a sworn statement the man said medical staff in the emergency department told him he "had a fractured skull and a bleed on the brain".
But Ms Varley noted this was not medical evidence from a doctor. She also told the court the emergency department doctor's statement "wasn't very clear" and only referred to a "suspected injury".
"I've seen the CCTV footage, it's very clear. The issue we're coming down to is whether the charge of grievous bodily harm is made out," Ms Varley said.
Mr Dwyer said the delay stemmed from the doctor.
"I still can't see how it takes the doctor two months to do what's basically one paragraph," Mr Dwyer said.
Ms Varley, who also argued her client's continued time in custody would be unjust under those circumstances, asked for the case to be listed in early next month so she could take instructions regarding a possible second bail application.
Matters were listed for January 11.