A man accused of bashing his wife so severely a neighbour heard her cries for help has been released on bail due to concerns he could catch the novel coronavirus in prison.
Sydney landscaper Abdul Rakielbakhour, 31, allegedly used his fists and a hair dryer in a jealous rage on February 26, leaving his wife with two black eyes, a swollen face, a forehead gash and neck scratches.
He has pleaded not guilty to common assault and assault occasioning actual bodily harm.
NSW Supreme Court Justice Peter Hamill, in reasons published on Tuesday, acknowledged the alleged bashing was an "ugly one" and cast doubt on the husband's version of events that he arrived home hours earlier to find his wife with the injuries.
But he acknowledged concerns raised by Rakielbakhour's lawyers that the coronavirus pandemic could mean he is in custody for a significant length of time before his hearing.
He would find it difficult to prepare his legal case.
The lawyers were concerned any spread of coronavirus through the prison population would be rapid, adding prisoners in Bathurst were possibly already infected.
Local court hearings have been adjourned until at least May.
With all court mentions and lawyer-to-accused visits by video link only, prison audio-visual facilities must be under great strain, Justice Hamill said.
Bailed on a $10,000 surety, Rakielbakhour cannot leave his home except to report to Bass Hill police, attend court or medical emergencies and, with notice, to attend landscaping appointments.
Barring some exceptions, he cannot contact his wife and is banned from using any encrypted communications including Whatsapp.
"No grant of bail is ever risk-free," the judge said.
"The conditions settled upon in this case mitigate the risks to a substantial degree."
Prosecutors allege a neighbour heard the woman crying for help and saying she was being bashed.
Arriving police were expected to give evidence they also heard her in distress, noticed one of the injuries on her face was still bleeding and heard the neighbour say "she's all bashed".
Justice Hamill said the fact sheet, using an uncited source, alleges Rakielbakhour punched his wife repeatedly in the face and body, tackled her to the ground and continued to punch her. He also allegedly hit her in the head with a hair dryer.
The alleged incident was sparked after Rakielbakhour's mother told him his wife had exchanged phone numbers with a real estate agent.
But Justice Hamill said the prosecution case faced a significant problem: the alleged victim has indicated she doesn't want to give evidence and, further, said in a statement her injuries were caused by falling in the shower and hitting her head.
That made the strength of the case questionable, he said.
The case will return to Bankstown Local Court on July 10.
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Australian Associated Press
