A former Canberra bikie must stay away from the family home but remains a free man after being charged with assaulting his wife in front of their children while on parole.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Magistrate Robert Cook granted the man bail on Wednesday morning after a hearing that lasted more than an hour.
Police have charged the former bikie, who was released from prison on parole earlier this year, with assault occasioning actual bodily harm following an incident outside his home on October 26.
The man, who cannot be named to protect the identity of his wife, is also accused of causing more than $1000 worth of damage to a car in the same incident.
He has not entered pleas to either charge and had been in custody since handing himself in at a police station the day after the incident.
The ACT Magistrates Court heard CCTV, seized by police after the incident, showed the alleged assault.
Defence lawyer Steven Whybrow told the court the man's wife had not suffered any injuries, had not called the police and did not want to make a complaint.
Mr Whybrow said the woman wanted her husband to come home.
He conceded that the CCTV footage indicated an "altercation" had taken place, but he said there was doubt as to whether it could be proven there was an assault occasioning actual bodily harm.
While the man had a criminal history and had been in prison after being convicted of drug-related offences, Mr Whybrow said the man had no record of violence, including within his "strong and long" relationship.
He said the man had dissociated himself from outlaw motorcycle gangs and that the prosecution's opposition to bail seemed to be predicated on the fact the man was a former bikie.
Mr Whybrow said were it not for this, granting the man bail would be "a no-brainer".
Prosecutor Skye Jerome opposed bail, arguing there was a likelihood the man would commit offences and assault, harass or intimidate others.
She said he had already received a warning while on parole for using illicit drugs, and that the man's neighbours had expressed a fear of him.
Ms Jerome said the assertion that the man's wife had not suffered any injuries was at odds with the observations of two police officers, who had reported seeing a red abrasion on her neck.
She said photographs of the woman, taken after the incident, did not clearly show the side of her neck.
Ms Jerome said it was also unclear whether the woman was wearing makeup, which may obscure any injuries, in the photographs.
Mr Cook found the man's former ties to outlaw motorcycle gangs to be irrelevant to the bail application.
He granted the man bail, with several conditions including that the man not go within 100 metres of his home, and that he instead live with his brother in another part of the ACT.
The man is due to return to court later this month.