Accused killer being treated in intensive care unit
ONE of the men charged over an alleged fatal assault in Ballina is asking the court to alter his bail conditions to allow his family to visit him in hospital.
Bradley Presbury, 23, previously pleaded not guilty to his alleged involvement over the death of Iluka man Aaron Marks.
Mr Presbury and his co-accused Justin Anderson, 26, who has also pleaded not guilty to all charges, were released on bail in May to await trial in March next year.
Both men are charged with manslaughter after Mr Marks died from critical injuries sustained during the alleged attack in 2018.
Mr Marks, previously from the Sunshine Coast, had been visiting Ballina when he was found critically injured on a River St footpath early on Sunday, May 13, 2018.
The 38-year-old was taken to Gold Coast University Hospital, where he died three days later.
Mr Presbury is also expected to defend a charge of acting with intent to pervert the course of justice.
However, his matter was briefly mentioned before Lismore District Court on Monday, where his solicitor, Rod Behan, applied to vary Mr Presbury's bail.
Mr Behan told the court Mr Presbury was being moved from ICU to a hospital ward and was hopeful he could see his mother and sister, who he's not allowed to contact as part of his current bail conditions.
Judge Dina Yehia said she'd received a medical certificate and a discharge summary from the ICU but required further material on the state of Mr Presbury's condition before making any bail variation.
"It seems from what I've read, made on the basis he was on the ICU and wanted to see his mother or sister and he's not in ICU any longer and will be discharged," she said.
"(I need to know) what his condition is and what precise care he needs before I entertain any variation to bail particularly the nature of the allegations."
Mr Behan said he would be asking the court to delete the condition of Mr Presbury's bail that states he can't associate with his sister, and perhaps his mother if need be to provide adequate care.
Mr Presbury will remain residing with his father once released from hospital.
Judge Yehia adjourned the matter until Tuesday, July 14 to allow Mr Behan to gather the relevant information about Mr Presbury's condition.