Murder accused remains in custody as lawyers search for suitable bail location
Justin Bukulatjpi has spent months on remand after community opposition and policing issues blocked proposed bail addresses.
نظرة سريعة
Justin Bukulatjpi, charged with murder over an April brawl in Milingimbi, remains in custody after months as community opposition and logistical issues block his bail addresses.
ملخص مُنشأ بالذكاء الاصطناعي
لماذا يهم
Justin Bukulatjpi was charged with murder and unlawfully causing serious harm during an April brawl in Milingimbi.
Fierce opposition, community riots and an unmanned police station are among the issues that have left a 20-year-old man charged with murder in custody for months while he waits for lawyers to find a suitable location for bail.
Justin Bukulatjpi was charged with murdering a man and unlawfully causing serious harm to another person during a brawl in Milingimbi in April.
In May, the Northern Territory Supreme Court granted Mr Bukulatjpi bail to live with family on the Tiwi Islands — a decision that was strongly opposed by Crown prosecutor Deborah Mandie, who said the prosecution had a "very strong" case against him.
Ms Mandie told the court prosecutors would rely on more than 10 minutes of mobile phone footage of the incident, in which she said the accused could be seen wielding a knife above his head before the other man fell to the ground.
Despite that, Justice Judith Kelly said she had a "high degree of confidence" Mr Bukulatjpi would follow his bail conditions.
However, days before he was due to be released, traditional owners wrote to the NT police commissioner expressing concerns his presence would bring further unrest to the area, preventing his release.
A week later, there were riots in the community and the Tiwi Islands' executive director of township leasing blocked him from entering public spaces — actions that Justice Kelly described as "unacceptable".
Mr Bukulatjpi has faced court several times since his first appearance more than two months ago.
However, each of his proposed bail addresses have so far been found to be unsuitable, leaving him on remand as lawyers continue searching for an alternative.
Judge requests undertaking to the court
On Wednesday, defence barrister Louise Dart proposed her client live with family on Warruwi, a tiny Indigenous community on the isolated South Goulburn Island, 290 kilometres north-east of Darwin.
But the case was delayed again after Ms Mandie told the court the Warruwi police station was unmanned for five weeks at a time, effectively ruling out electronic monitoring, and argued that Mr Bukulatjpi remained a flight risk.
Ms Dart argued her client had strong family ties in the community and would have little opportunity to flee.
"It's a question of where would he go? He's a person of limited means, limited English … I don't think he's going to flee the jurisdiction," she said.
Justice Kelly requested Ms Dart make enquiries as to whether any "men in authority, who may be able to exert more influence, on Mr Bukulatjpi" would be willing to provide an undertaking to the court to "use their best endeavours" to make sure he remained at the bail address.
She said a breach of such an undertaking could result in a charge of contempt of court.
"[If a] respected male [or] elder from the community is willing to put their reputation on the line … then it seems to me that that would probably overcome the sorts of concerns raised by Ms Mandie," she said.
The case has been adjourned until September and Mr Bukulatjpi was remanded in custody.
ما الذي يجب مراقبته
توقعات الذكاء الاصطناعي — احتمالات وليست حقائق
Case will return to court in September
مرجح جداً · خلال أشهر
أسئلة مفتوحة
- Will community elders provide the requested undertaking?
- Where will the defendant ultimately be granted bail?