scone.com.auMason Bail Knockback – Tears In The Dock
NICOLE Mason, charged with the murder of New Zealand firefighter Ian Pullen, will remain in the Silverwater Correctional facility after her bail application was refused today in Muswellbrook court.
Ms Mason appeared via audio visual link and was seen crying when she heard Magistrate Donnelly’s decision.
The prosecution handed a 10-page fact sheet to Magistrate Donnelly, which include witness statements about the alleged murder of Ian Pullen.
The prosecutor read from the statement of facts: “I was asleep in the back . . . I said to Knighty, ‘what was that’s, he said ‘I just hit someone,’ so Knighty and I got out and hit him with an object”.
The prosecution also stated Ms Mason: “changed her story” having initially told police she was shopping with her son at the time of the incident and was driving to Kempsey on the morning of the offence.
“There’s a versions that has been provided to police…she then changed that to suit the circumstances of the incident,” the prosecution told the court.
Ms Mason’s lawyer Elana Scoufis, claimed there is little detail in the evidence of the prosecution’s submissions and the Crown’s case is weak.
Ms Scoufis said Ms Mason’s last violent act was 10 years ago, she has never been in custody and she does not present an unacceptable risk.
“She doesn’t present any greater risk now than she did a couple of weeks ago,” Ms Scoufis said.
Magistrate Donnelly said it is not for the court to go behind the facts that have been tendered and that a delay is not preventable.
“It is not the role of the bail court to predict or determine the reliability of the evidence,” Magistrate Donnelly said.
“The strength of the case is somewhere between weak and strong, but too hard for the court to assess, as it is still in early stages,” he said.
“Time in custody will be lengthy . . . delay is not preventable and not excessive.”
Ms Mason will reappear on December 7.
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Tags: court, Ian Pullen, Murder