Bail for man charged with same murder for second time
Laine Clark |
A man who has been charged over a 2009 murder for a second time has been granted bail.
Queensland’s double jeopardy provisions have been enacted for only the second time after police reopened the investigation and charged the man again.
The man was acquitted for murder by a jury but police are seeking to have him retried after receiving “fresh and compelling evidence” in December 2022.
The man and victim cannot be identified under double jeopardy legal provisions.
An application has been made to the Queensland Court of Appeal for a previously acquitted person to be retried for the offence of murder.
The Crown did not oppose bail in Brisbane Supreme Court on Tuesday.
“The applicant applies for bail. The circumstances are unusual to say the least,” Justice Paul Freeburn said.
The man has been in custody since surrendering himself to police last week, the court heard.
Justice Freeburn said the man had been working continuously, had a stable residence and was married.
He said the man had not committed offences since 2009, had co-operated with police and was willing to surrender his passport.
He granted bail, saying the man was not an unacceptable risk of committing further offences.
The man’s matter is set for mention in Brisbane Magistrates Court on May 29.
AAP