A Canberra mother who police allege set fire to her public housing rental is fighting to be able to live with her partner, who prosecutors say was a witness to the crime.
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Samantha Gaye Chatfield, who has pleaded not guilty to arson, was granted bail in the ACT Magistrates Court on July 31.
In the ACT Supreme Court on Friday, she sought to vary her bail conditions so she could contact her partner, sentenced Canberra prisoner Thor Kristiansen.
Defence lawyer Georgina Meikle said the couple had continued their partnership despite not being allowed to contact one another, and if police wanted to charge Kristiansen over the alleged May 6 arson, they'd had ample opportunity to do so.
Ms Meikle said Kristiansen was expected to face the parole board on October 13, but would undoubtedly be rejected the liberty if he wasn't able to live with Ms Chatfield.
Police documents previously tendered in court said a neighbour saw Kristiansen drive Ms Chatfield away at speed after the Denman Prospect rental went up in smoke.
Prosecutor Shaz Naidu said although Kristiansen hadn't been charged as a co-accused over the arson, he would "be forefront as a Crown witness" in the case.
She said Kristiansen had an "extensive" criminal history as well as four outstanding matters in the ACT Magistrates Court. She said when he and 29-year-old Ms Chatfield were together, there was a risk of her reoffending.
Ms Meikle said it was a "double-edged sword" for prosecutors to suggest as much and not charge Kristiansen over the alleged arson.
Justice Michael Elkaim questioned whether families should be split up simply because one of them was a witness to an alleged crime.
"Let's assume [Kristiansen is] not a very nice person ... why is the applicant being penalised for that?," the judge said.
"It's her bail we're talking about, not his bail.
"Are husbands and wives separated because one of them is a witness? It seems a bit severe."
Ms Naidu said in the appropriate circumstances, they were.
Regardless, Justice Elkaim amended Ms Chatfield's bail so she could contact Kristiansen while he was at the Alexander Maconochie Centre and visit him at the prison in person.
Ms Naidu argued the pair shouldn't be allowed any face-to-face contact, but the judge asked "what's going to happen?", given they'd be in the prison when they saw each other.
He stopped short of allowing Ms Chatfield to contact Kristiansen after his potential release, but said she could re-list her application before the court; perhaps, after more details about Kristiansen's parole emerged.
Cassandra Morgan
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
