A business director accused of revving a chainsaw at a woman before threatening to kill her and assaulting her has been granted bail after his lawyer presented new footage that could undermine the complainant's evidence.
The accused appeared via video link in the ACT Magistrates Court on Monday charged with four counts of common assault and one count each of threatening to inflict grievous bodily harm and possessing an offensive weapon.
He has not pleaded to those charges but has pleaded guilty to making a reckless threat to kill another person.
The court heard that the alleged offending on July 7 happened when the man, in his 40s, began arguing with the complainant inside his south Canberra business.
He then allegedly hit her before pouring radiator coolant all over her.
Police documents tendered at a previous hearing state that she was able to escape his grip before grabbing a nearby metal pole, prompting the defendant to allegedly take hold of a chainsaw to rev it at her.
She ran off, prompting the defendant to yell "I'm gonna kill ya, I'm gonna f------ kill ya".
During a police interview, he said he was using the chainsaw to cut wood before "she hit me over the arm".
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In court, the defendant had to show that there was a change of circumstances or new evidence not yet tendered before his bail application could be considered as it was his third try.
His lawyer, Edward Chen, played to the court previously unseen police body-worn footage of the complainant, which he said undermined her credibility and reliability.
The footage showed the complainant telling police officers, about the time of the incident, that she had brain damage and that "what I say is wrong, but I can't stop it".
Other comments included "I can't control my temper" and that she would not press charges.
"The presentation of the prosecution case initially was a man who had this inability to control himself and wanted the complainant dead," Mr Chen said.
He client revved the chainsaw only to scare her to leave.
Those comments do undermine both the credibility and reliability of the allegations made by the complainant, particularly in circumstances where only parts of the incident were captured on CCTV.Magistrate Louise Taylor
As for the alleged pouring of radiator coolant, he said his client denied it and that the prosecution's brief of evidence contained no investigation into it.
Following magistrate Louise Taylor's acceptance that the body-worn footage was new evidence, the defendant's father gave evidence relation to bail.
The 75 year old said since his son had been in custody, he had to use about $46,000 of his savings to pay bills at the business.
He also said he and his son would reside together if conditional liberty were given.
Mr Chen also argued for bail based on his client not knowing where the complainant was and him having no further interest in her, as well as him being tied to his business as he also lives there.
"My client is not ordinarily a violent man...this is an uncharacteristic aberration," Mr Chen said.
Prosecutor Julia Epstein said the complainant's comments in the footage was out of context as they were not related to the charges that have been laid.
Ms Epstein said there was the concern the defendant may endanger the safety or welfare people, particularly the complainant as she was a vulnerable person.
Magistrate Taylor granted bail and imposed numerous conditions on the defendant, including not to leave his immediate area unless for court purposes.
"Those comments do undermine both the credibility and reliability of the allegations made by the complainant, particularly in circumstances where only parts of the incident were captured on CCTV," Ms Taylor said.
The defendant is set to front court again on October 8.
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