A MAN who police allege was involved as an accessory to the murder of missing Bathurst man Andrew Russell made a failed bid for bail yesterday.
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Kieran Moore was before magistrate Bruce Williams in Bathurst Local Court for a committal hearing, where it was yesterday determined that a properly instructed jury would not find him guilty of Mr Russell’s murder.
However, Mr Williams said it was his view that there was a reasonable chance a properly instructed jury would find Moore guilty of assisting with the disposal of a body in the knowledge that Tony Simmons had killed Andrew Russell.
Moore was then charged with being an accessory after the fact of murder, to which he entered a plea of not guilty.
Yesterday’s determination completed the committal hearing where Moore’s co-accused, Tony Simmons, was committed on Wednesday to stand trial for Mr Russell’s murder.
Both men will appear before the Sydney Supreme Court on May 2, 2014.
As soon as the determination was made, Moore’s barrister John Stratton made an immediate application for bail, saying the crown’s case against his client was not overwhelming.
“There is no forensic evidence, no eyewitness evidence; the prosecution is relying on alleged admissions,” he said.
Mr Stratton acknowledged his client had a criminal history but said he had never before served a sentence of imprisonment.
He said his client had some minor matters of violence, and had only once failed to attend a court matter, where he had given an explanation which had been accepted by the court.
Mr Stratton said his client had been in custody for more than 12 months, and it was unlikely the matter will get a date for trial this year.
The court heard Moore had strong community ties and was able to live with his mother in South Bathurst.
Moore was also prepared to report to police as often as deemed necessary, Mr Stratton told the court.
However, John Walford from the Office of the Director of Public Prosecutions strongly opposed the bail application, saying the protection of the community was paramount.
“This is a serious matter, and I maintain it is a strong crown case,” he said.
Mr Walford noted Moore’s record, which had matters of violence, especially against police.
“Community protection is of the utmost importance,” Mr Walford said.
“There are a number of witnesses, with the possibility of interference.
“This matter will go to trial,” he said, adding flight risk was also a concern.
Considering the bail application, Mr Williams said he was not of the view the case against the accused was weak, and said the charge, under Section 349, carried a maximum sentence of 25 years in jail.
“It is a serious matter,” he said.
He looked to the accused’s record and said the accused also had the propensity to commit offences within the community, taking into account two times when Moore had been called up for breaches while on conditional liberty.
With that, Mr Williams refused bail. Moore is to appear before the Sydney Supreme Court on May 2, 2014.