ID :
192295
Fri, 07/01/2011 - 14:34
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http://m.oananews.org//node/192295
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Alleged killer of WA millionaire eyes bail
SYDNEY (AAP) - July 01 - The man accused of murdering Perth millionaire Craig Puddy has applied for bail, arguing he cannot properly instruct his lawyers from jail because of the vast amount of case material.
Cameron Mansell, 39, is due to face trial in September after pleading not guilty to murdering his former business partner in May last year.
The 45-year-old Mr Puddy disappeared from his luxury home in Perth's south and his body has not been found.
In the Supreme Court in Perth on Friday, Mr Mansell's lawyer Anthony Eyers said exceptional circumstances warranted his client's release on bail.
Mr Eyers said Mr Mansell's counsel would have difficulty seeking instructions from their client, given and size and complexity of the case material.
Mr Eyers said the defence had already received from the prosecution over 2000 pages of witness statements and 94 disks of material that were not properly indexed or cross-referenced.
"It's disclosure on an avalanche-type basis", leaving Mansell and his counsel with a huge amount of material to scrutinise," he said.
"Mr Mansell is very proactive and assiduous in assisting the preparation of his own defence."
Mr Eyers said his client, who appeared via video link from Hakea Prison, would be restricted in his access to his lawyers because of renovations occurring in the prison visiting rooms.
Prison authorities had indicated they could provide a computer for Mansell but it could not take DVDs, making it useless, he said.
"We have a situation where it's virtually impossible to take proper instructions," Mr Eyers said.
He argued his client left Western Australia after police questioned him over Mr Puddy's disappearance, because he feared "reprisals" from people he believed wanted to kill him, not because he was guilty of the murder.
Mr Eyers said Mansell was prepared to post a recognisance of $250,000 for bail and could be put on a strict reporting, curfew and travel restrictions.
But Prosecutor Bruno Fiannaca said there was a "strong circumstantial case" against Mansell and his flight from WA using a false name and with a shaven head indicated he sought to avoid justice and was a flight risk.
Mansell had fought extradition from Queensland after his arrest there and that too indicated a flight risk, he said.
Mr Fiannaca said there were concerns Mansell would also try to interfere with witnesses while out on bail.
He said there was no reason an appropriate computer could not be provided to Mansell in jail.
"The applicant has not established here that the problem is not anything more than inconvenience," Mr Fiannaca said.
Justice John McKechnie said a person awaiting trial in prison must have access to the prosecution brief.
He reserved his decision on Mansell's bail application, saying he expected to deliver it next week.
Cameron Mansell, 39, is due to face trial in September after pleading not guilty to murdering his former business partner in May last year.
The 45-year-old Mr Puddy disappeared from his luxury home in Perth's south and his body has not been found.
In the Supreme Court in Perth on Friday, Mr Mansell's lawyer Anthony Eyers said exceptional circumstances warranted his client's release on bail.
Mr Eyers said Mr Mansell's counsel would have difficulty seeking instructions from their client, given and size and complexity of the case material.
Mr Eyers said the defence had already received from the prosecution over 2000 pages of witness statements and 94 disks of material that were not properly indexed or cross-referenced.
"It's disclosure on an avalanche-type basis", leaving Mansell and his counsel with a huge amount of material to scrutinise," he said.
"Mr Mansell is very proactive and assiduous in assisting the preparation of his own defence."
Mr Eyers said his client, who appeared via video link from Hakea Prison, would be restricted in his access to his lawyers because of renovations occurring in the prison visiting rooms.
Prison authorities had indicated they could provide a computer for Mansell but it could not take DVDs, making it useless, he said.
"We have a situation where it's virtually impossible to take proper instructions," Mr Eyers said.
He argued his client left Western Australia after police questioned him over Mr Puddy's disappearance, because he feared "reprisals" from people he believed wanted to kill him, not because he was guilty of the murder.
Mr Eyers said Mansell was prepared to post a recognisance of $250,000 for bail and could be put on a strict reporting, curfew and travel restrictions.
But Prosecutor Bruno Fiannaca said there was a "strong circumstantial case" against Mansell and his flight from WA using a false name and with a shaven head indicated he sought to avoid justice and was a flight risk.
Mansell had fought extradition from Queensland after his arrest there and that too indicated a flight risk, he said.
Mr Fiannaca said there were concerns Mansell would also try to interfere with witnesses while out on bail.
He said there was no reason an appropriate computer could not be provided to Mansell in jail.
"The applicant has not established here that the problem is not anything more than inconvenience," Mr Fiannaca said.
Justice John McKechnie said a person awaiting trial in prison must have access to the prosecution brief.
He reserved his decision on Mansell's bail application, saying he expected to deliver it next week.
