A 45-year-old man appeared in court yesterday after being charged late on Wednesday night with manslaughter and recklessly inflicting grievous bodily harm. He was refused bail.

The man, who cannot be named for legal reasons, was charged following a special strike force investigation into the three-year-old’s death.

A 40-year-old Oberon woman has also been refused bail after being charged with murder on Tuesday.

The accused man yesterday sat handcuffed with his head hung during the entire 30-minute proceedings before Bathurst Local Court registrar Mark Nicholls, who refused the bail application.

The man’s solicitor, Ashlee Berry, told the bail court the only risk faced by the court was the failure to appear, which she said could be mitigated with strict bail conditions, including the man residing with his father at Macquarie Fields and reporting daily to the officer in charge at Macquarie Fields Police Station.

She told the court her client had no history of failing to appear or breaching the orders of a court.

She also said the refusal of bail should not be seen as a punishment and not form part of the accused’s sentence, adding if her client’s bail application was rejected he could spend considerable time in custody before the matter was resolved.

But police prosecutor Senior Sergeant Brett Donaghy opposed the man’s release.

Senior Sergeant Donaghy conceded the accused could remain in custody for a period of time, but said this needed to be weighed against the seriousness of the offence.

“If convicted, his time in custody would be measured in decades, not years,” he said.

Senior Sergeant Don- aghy continued, saying there were other factors, apart from failing to appear, that needed to be considered.

He said it would be trite to say the facts outline one of the most serious allegations which can come before a court. 

He said the accused had admitted to certain behaviour and a set of events, which he said “can only be described as a torturous nature against a young child for an extended period of time which led to his death”.

Mr Donaghy said these acts were conducted with the consent of the co-accused, who along with the man, put forward a version of events that were inconsistent with the findings of medical personnel following the child’s death.

“Both of them misled police about how the injuries occurred,” Senior Sergeant Donaghy said.

Senior Sergeant Donaghy said the accused had admitted to a number of acts which led to the cause of death of the child.

“It’s a serious offence, with a strong prosecution case, with admissions by the accused to some elements of the offence,” he said.

Senior Sergeant Donaghy said police facts reveal the man and the co-accused went to considerable lengths to hide and disguise the injuries inflicted on the toddler, which included administering drugs to cover up his injuries as well as disguising bruises and head injuries.

Considering the bail application, Mr Nicholls said he was satisfied there was an unacceptable risk and adjourned the matter until Monday.

In making the decision, Mr Nicholls said if convicted the accused would face a lengthy jail term, and had few ties to the local community.

He adjourned the matter, ordering the man appear in person in Bathurst Local Court on Monday, September 22.