TORY Jay Gardiner was unsuccessful in a bid to get out of jail to prepare to give evidence in a trial over his father’s murder, as police claim he robbed a man after wielding a knife.
Gardiner has been in jail since he was arrested by police in January for allegedly pulling a large kitchen knife on a man and demanding he hand over $400.
Asking the court for bail for his client legal aid solicitor Bob Lulham told magistrate Terry Lucas his client’s mother was unwell and being cared for by the Aboriginal Medical Service and his grandmother was caring for his children.
Mr Lulham said his client could put up $1000 in surety and if he was released on bail he would be able to take the burden off his family by taking his children to school.
As he waits for his case to progress through the judicial system Mr Lulham told the court his client, who is charged with robbery while armed with a dangerous weapon needed to be in the community to prepare for his father’s murder trial.
Director of Public Prosecutions (DPP) solicitor Michael Fahy told the court part of the brief of evidence against Gardiner has been served to the defence.
“But we are still waiting on DNA evidence,” he said.
Mr Lulham said his client has been waiting for 13 months to get a bed in the Bennelong Haven Family Rehabilitation Centre seeking help for his addictions.
Mr Fahy opposed bail being granted to the accused saying he was facing a serious charge which could potentially send him to jail for 20 years.
“He has a history of violence with numerous failures to appear [in court],” Mr Fahy said.
In weighing up whether or not to grant bail Mr Lucas said he had to take into account the previous history of the accused in turning up at court and the protection of the community.
“He has lengthy antecedents involving violence and bail is refused.”
Gardiner will reappear in court via audio visual link from Bathurst jail in April.
After the bail application was refused and the audio link in the courtroom shut down, Gardiner’s mother called out from the back of the court.
“I love you Tory.”