No bail for accused Gladstone man community is afraid of

4th October 2017 9:27 AM
ACCUSED: This image of accused Gladstone man, George Stanley Kirk, has been blurred in case a witness is called to identify him at trial. ACCUSED: This image of accused Gladstone man, George Stanley Kirk, has been blurred in case a witness is called to identify him at trial. Contributed

BAIL has been refused to a Gladstone man accused of several serious charges, including the unlawful possession of weapons, possessing dangerous drugs and the attempted break and enter with intent.

The alleged offending of George Stanley John Kirk occurred from July 9-10.

It will be alleged police attended a motel in South Gladstone and after knocking on the door, Mr Kirk opened it, but quickly slammed it shut.

Allegedly, police forced their way inside, however, Mr Kirk had left the room and jumped off the balcony onto an awning, 10 metres above ground.

Realising he had nowhere to go, Mr Kirk turned around and faced the officers who were quickly gaining on him.

He was arrested.

A search of the motel room found a sawn-off shotgun, a replica handgun, drugs; namely methylamphetamine and heroin, and drug utensils.

Police also found a woman in the room locked in the bathroom, alleged to have been flushing evidence down the toilet.

Mr Kirk has been remanded in custody for the past 85 days, the court was told, and will remain behind bars until his next court date, after Gladstone Magistrate Melanie Ho refused his bail application.

Defence lawyer Rio Ramos represented Mr Kirk and bail was opposed by police prosecutor Senior Constable Balan Selvadurai.

Ms Ramos started her application by pointing out some of the most serious charges against her client had been dropped by police.

Snr Const Selvadurai said the charges were only dropped because witnesses to the offending were "too scared to come forward”.

Ms Ramos objected to this, however Ms Ho said she wouldn't be taking Snr Const Selvadurai's statement into consideration - given the serious charge against Mr Kirk had been dropped and therefore could not be connected to the bail application.

Snr Const Selvadurai did not have a bail affidavit prepared for the hearing, given he had two days to prepare for the application, one of those was a public holiday.

"I don't have much else to go on your honour, but bail should be refused on the account he is an unacceptable risk of contacting the witnesses,” he said.

"There is a community here in Gladstone afraid of the defendant.

"He also has a lengthy, serious criminal history.”

Ms Ramos said there was only one witness to the offending; the manager of the hotel where some of the offences occurred.

"And my client has no intention of going back there,” she said.

Ms Ramos said her client "continued to maintain his innocence” and evidence not yet presented to the court would reveal another man was present during the offending.

Ms Ho said both the defence and prosecution's cases were deficient in reasoning.

She said the evidence against Mr Kirk was "deficient” given there were reports and elements still missing, yet to be provided by the prosecution.

However, she noted police at the scene identified Kirk to be at the motel at the time of the offending.

She also considered Mr Kirk's history.

"The court is in a state of speculation,” she said.

She refused the bail application, deeming Mr Kirk at risk of re-offending due to his history, and adjourned the matter until November 28.