COVID-19 and its implications for inmates on remand was raised as part of a bail application in Bathurst Local Court on Monday, as the effects of the pandemic continue to be felt.
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James Taylor, acting for Brendan Graeam Smoothy, made submissions on the show cause application before visiting magistrate Elizabeth Ellis that his client would face lengthy delays in custody as all new jury trials had been suspended.
Smoothy has been charged with three counts of sexually touching another person without consent; intentionally sexually touching a child aged 10-16; and sexual intercourse with a child aged 14-16.
The court heard Smoothy will defend all charges.
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"Not only because of pre-trial conditions due to the cancellation of all jury trials," Mr Taylor said.
"When things change, those matters will take priority,'" he said, adding his client would "be behind them [in the queue]".
Making further submissions, Mr Taylor said his client had been placed in custody last Thursday and prior to that had been living at Sydney Road. Before that he had been residing in Coolah.
Mr Taylor said his client was a shearer but had not been working due to a back injury. Prior to his arrest he was taking pain medication and going to physiotherapy.
"He's lucky to get any treatment at all in custody," Mr Taylor said.
Prosecutor Sergeant Sean Ruming opposed bail, saying cause had not been shown.
"These are very serious matters," he said.
Refusing bail, Ms Ellis noted Mr Taylor had made submissions based on the fact his client was a carer of a child, had a serious back injury and global matters.
Addressing "the new factors grappling with society", Ms Ellis said it was true these types of jury trials had inbuilt delays and accepted it has been put forward that "these delays will be elongated because of the current circumstances".
However, she didn't see it as a matter the court was obliged to mitigate, as any delay affects every prisoner in those circumstances, not just the accused.
She said there was also no evidence the prison was refusing to supply medication, nor any evidence of surgery in the near future.
Ms Ellis said the accused had failed to show his ongoing detention was not justified.
Smoothy was bail refused with the matter due back before the court on May 18.
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