Man accused of woman’s fatal brain injury denied bail
Rex Martinich |
A man charged with killing his girlfriend following a podcast and inquest has been denied bail over his “extremely high risk” of interfering with a witness.
Paul Alan McDonald, 43, was charged with murder in July 2022 over the death of 27-year-old Kirra-Lea McLoughlin almost eight years previously.
McDonald, now accused of Ms McLoughlin’s manslaughter, applied for bail on Friday in Brisbane Supreme Court.
Ms McLoughlin had 102 areas of bruising when she died in hospital in 2014 after being found unconscious at the home she shared with McDonald at Wolvi, north of Brisbane.
Solicitor Jim Coburn, acting for McDonald, said his client had spent the past six years in custody on remand and serving a sentence for other matters.
“The incident happened in 2014. The police found there was not enough evidence to charge anyone, let alone my client,” he said.
Mr Coburn said the case depended on determining the cause of the injuries that led to Ms McLoughlin’s death and medical experts had yet to provide clear evidence.
“There must be proof beyond reasonable doubt (McDonald) caused the injury that caused the death,” he said.
Mr Coburn said Ms McLoughlin’s death was made the subject of a podcast which led to her family obtaining an inquest.
Coroner Jane Bentley in 2021 recommended McDonald be charged after finding Ms McLoughlin likely died as a result of a brain injury caused by domestic violence.
Justice Soraya Ryan on Thursday said she had concerns about McDonald’s criminal history, including an attempt to contact a woman after being jailed.
“He is in custody and still breaching protection orders. There are 77 convictions involving four women in total,” Justice Ryan said.
Mr Coburn said his client’s prior convictions were his biggest issue in the bail application.
“I can’t hide from that. That’s an abysmal history,” he said.
Mr Coburn said his client had gained insight into how drugs and mental health issues led to his problems and would seek intensive counselling while on bail.
Prosecutor David Nardone opposed bail and said there was other evidence against McDonald, including witness testimony that he had admitted hitting Ms McLoughlin either against a wall or floor.
“There’s reason to accept (the witness’s evidence) because it’s couched in terms of the confession being delivered in the context of (McDonald) feeling guilt that (another person) feels responsible,” he said.
Mr Nardone said there was no way for the witness to the alleged confession to have known that information unless McDonald told them.
Justice Ryan said she would deny bail due to McDonald’s risk of committing further offences or interfering with a witness.
“His criminal history, including one offence while in custody, provided ample evidence that the risk is simply unacceptable … the risk of him interfering with (a critical prosecution witness) is extremely high,” Justice Ryan said.
McDonald is due to face a review hearing on November 28 ahead of his manslaughter trial, which is likely to start in 2025.
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AAP