JOSHUA Staines, who is charged with punching a 15-year-old in the head at Orange Central shopping centre on February 15, has failed in a bid to be released from prison on bail.
The 20-year-old butcher from Orange appeared via an audio visual link from Bathurst jail where he is being held in custody after having bail refused last month
Solicitor Tim Dalla made a second application for bail because his client believed circumstances in the case had changed.
He referred to a DVD of CCTV footage of the incident and also handed in photographs from the footage to magistrate Terry Lucas.
Mr Dalla told court his client had not slapped the victim on the back of the head prior to the assault, but had been trying to flick off the victim’s hoodie.
He also told the court he had not thrown chewing gum at the victim as was previously reported in police facts but had instead “flicked a lolly at him”.
Mr Dalla said the victim then yelled abuse at Staines which led to the assault.
“In all the circumstances this is a significant change in circumstances,” Mr Dalla said.
Adding to his attempt for bail was an offer of alternative accommodation 60 kilometres out of Orange on Burrendong Way and $2000 surety.
Mr Dalla said CCTV footage and photographs backed up evidence his client had given to police after the incident.
“It is supportive of the stance of the accused to police from the get go,” Mr Dally said.
Bail was opposed by police prosecutor Sergeant Andy Bobin who said the application could not stand up as there was nothing new in the circumstances around the case since bail was refused last month.
It was alleged by Sergeant Bobin that the victim had not put his hands up to ‘shape up’ to the victim in the CCTV footage but was protecting himself from the item being thrown by the accused.
Magistrate Terry Lucas agreed, saying he noted from the photographs the smaller stature of the teenage victim compared to the accused.
“It shows the victim to be about 14 or 15,” he said.
Medical reports of the victim have been requested for Staines’ next court appearance