Assault accused had daily access to alcohol in dry community
AN ALCOHOLIC accused of assaulting a taxi driver and breaching bail for other charges by drinking alcohol in a dry community.
Karl Eric Oakley, 28, made a bail application in Rockhampton Magistrates Court on September 18.
Defence lawyer Brendan Gimbert said his client, who would be contesting the assault occasioning bodily harm, had been granted bail by police which included a "not attend" clause for an address where he was living.
He said the bail also contained a condition of no alcohol, but his client was an alcoholic.
Mr Gimbert said Oakley now had a residence available in Rockhampton, along with support from family and could go to alcohol rehabilitation services in the city.
He said his client had spent six days in the watch-house prior to the bail and was fully aware if he breached bail, or committed further offences, he would end up in Capricornia Correctional Centre.
Police prosecutor Ignus Schoeman said bail was opposed on the grounds the AOBH was serious and left the victim with a fractured eye socket, bruises and swelling.
"Rockhampton is not a dry community and that further enhances the opportunity," he said.
Magistrate Cameron Press said he did not think Rockhampton not being a dry community made a difference as the allegations indicated Oakley had been accessing alcohol every day in a dry community.
The court heard Oakley was on bail at the time of the latest alleged offending for another AOBH and three bail breaches.
He had the opportunity to go to Helem Yumba, and was granted bail with the condition he immediately attended the healing centre upon release from the watch house.
Oakley's matters were adjourned until October 9.