A MAN charged with the manslaughter of Kelso man Jeffrey Robert O'Connor will remain behind bars after an application for release was refused.
The court heard how the accused - Daniel John Duke, 35 - was allegedly seen wielding a baseball bat and threatening to kill the victim in the hours preceding the fatal incident in Bonnor Street on Monday afternoon.
Duke, who was charged with manslaughter following the incident, appeared before magistrate Cate Follent via audio visual link on Wednesday.
There are also real question marks over his cause of death.Solicitor Ken Lambeth
Solicitor Ken Lambeth told the court that Duke's fiancee suffers a variety of medical conditions, and said the accused was her sole carer.
Mr Lambeth said Duke's fiancee had recently been diagnosed with breast cancer and his client's main concern was to be out for her.
He added there were "real concerns" about the prosecution case and said it would be difficult for the Crown to negate self-defence.
MAP: The street where the incident occurred
"There are also real question marks over his cause of death," he said.
Mr Lambeth cited statistics which he said showed jail was not inevitable in cases of this nature.
He said with the number of witnesses in the matter it could take police more than than eight weeks to prepare the brief. As his client was presumed innocent, Mr Lambeth said that was a long time for a person to remain in custody, adding there was good reason why Duke's detention was not justified.
Mr Lambeth said his client was aware of threats from third parties saying something was going to happen to him in jail.
He said Duke fears for his safety, and also the safety of his fiancee. Mr Lambeth said people had pulled up outside her flat, yelling out.
But the police prosecutor opposed bail, saying the prosecution case against the accused was strong, outlining how witnesses allegedly heard the accused saying he would kill the victim.
Ms Follent refused bail, with the matter adjourned until May 6.
DO YOU WANT MORE ORANGE AND DISTRICT NEWS?
- Receive our free newsletters delivered to your inbox, as well as breaking news alerts. Sign up below