Judge seriously questions bail for Bandido
A SUPREME court justice has questioned how he could grant bail to a former Bandidos sergeant-at-arms accused of an attempted armed robbery when he had such an "appalling criminal history"
"You cannot seriously expect me to have any faith and confidence in this man," Justice Martin Daubney said.
"You've got a man with an appalling criminal history who offers no surety, offers nothing apart from his promise that he's going to be a good boy if released on bail."
Brisbane Supreme Court heard Caboolture man Kenneth James Whittaker was previously convicted of multiple bail breaches, serious assault and was sentenced to five years jail for arson.
The latter related to burning down the Rebels' Brisbane headquarters in retaliation for a roadside attack at Bribie Island in 2006.
Mr Whittaker is accusing of attempted armed robbery with a tomahawk in the Duporth Tavern car park at 3am on November 17, 2013.
Defence barrister Scott Lynch tried to argue his client had a material change of circumstances enabling him to apply for bail again, after being refused last December.
He said the Crown no longer believed Mr Whittaker was a drug trafficking debt enforcer.
"It was denied and hasn't been made out. It's since been dropped to one count of supplying," he said.
Prosecutor Glen Cash said the Crown opposed the bail application because the prospects of Mr Whittaker reoffending were unacceptably high.
Mr Lynch said a charge related to stealing a car also had since been dropped and a co-accused in the robbery charge had weakened the Crown case against his client.
He said the co-accused had provided a statutory declaration about how he shifted the accused's car near a car he planned to hot wire.
"In terms of strength of the Crown case, the co-accused now says in respect of the attempted armed robbery that it was him and Whittaker had nothing to do with it," he said.
"In terms of the risks, they can be managed by reporting."
Mr Lynch said his client had been in custody since November last year and he was unlikely to get a trial date until next year.
Justice Daubney suggested Mr Lynch adjourn the matter until he had a trial listing which might make bail marginally more likely.
The application was adjourned.