2023-01-26 00:30:00
A Kalgoorlie-Boulder man accused of brutally bashing another man at a pub to the point of likely permanent blindness has had his bail refused after he was deemed a flight risk with outstanding arrest warrants in three other States.
Zane Thomas Smith, 33, was asked to stop after allegedly flicking a cigarette at another Kalgoorlie Hotel patron before an argument broke out and he allegedly threw his pint in the face of the complainant.
The Kalgoorlie Magistrates Court was told on Wednesday Mr Smith then punched the other man with a closed fist multiple times in the face, body and ribs.
Mr Smith is accused of then punching the complainant’s eye socket with such force the other man fell to the ground and blacked out.
Police prosecutor Sgt Karl Rep said the complainant suffered a fractured eye socket and a broken rib.
He told the court the man was at risk of permanent partial blindness after a specialist in Perth confirmed his eye had been pushed 1.5cm back into the socket.
Sgt Rep told the court the man might also need facial reconstruction surgery and required ongoing specialist appointments.
Defence lawyer Carmel McKenzie said Mr Smith — who appeared via videolink from Eastern Goldfields Regional Prison — denied the offending.
She told the court Mr Smith and his partner had a different account of the incident and applied for his bail.
Ms McKenzie conceded Mr Smith had outstanding arrest warrants in South Australia, Queensland and Victoria but told the court he was not being chased up by interstate police.
She said he had moved to Kalgoorlie-Boulder 10 months ago and had been dating his girlfriend — who has ties to the city — for seven months.
Despite being aware of the violent charges against him, Mr Smith’s employer Built By Geoff Fencing was still keen to have him work if he were granted bail.
Sgt Rep opposed Mr Smith’s release and said the court could not be satisfied he would obey any conditions imposed.
He said the outstanding arrest warrants included acts of violence and said Mr Smith had been sentenced to jail in the past, which he said would be the likely outcome if convicted of the current grievous bodily harm charge.
“This person cannot be trusted,” Sgt Rep said.
“His history does support (that) he does not comply, he does not listen, he reoffends.”
Sgt Rep said police had gathered footage and witnesses from the incident.
Magistrate Sarah Oliver told the court in order to grant Mr Smith’s bail, she needed to be confident he would return to court in Kalgoorlie-Boulder and not reoffend.
However, she said given the man’s violent past, tendency to skip States with pending court matters and the seriousness of the charge, she was not convinced.
“The record before me shows a history of violence,” she said.
“He is a considerable flight risk.
“He does not have sufficient ties to the State to ensure he remains here.”
Mr Smith had his bail refused and he will remain in Eastern Goldfields Regional Prison until April 20, when he will next appear in court to have his matter committed to the District Court.
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Source by [tellusdaily.com]