Bail decision same in WA: lawyers
Siege gunman Man Haron Monis would probably have been granted bail if he had faced similar charges of being an accessory to murder and sexual assault in WA, senior Perth lawyers said yesterday.
Debate over NSW bail laws escalated yesterday after the State's Police Commissioner Andrew Scipione said officers had opposed Monis being released into the community.
Monis was granted bail a year ago after being charged with being an accessory to the murder of his ex-wife.
In April, he was refused bail after being charged with three sex offences but later released. His bail was renewed after he faced another 40 sex assault charges in October.
The public outcry over the situation and questions raised by Prime Minister Tony Abbott come as the WA State Government finalises a long-running review of its bail laws that began years before this week's fatal siege.
"This review was completed earlier this year and involved input from a wide range of stakeholders," a spokeswoman for Attorney-General Michael Mischin said.
Amendments to the Bail Act were being drafted and would be presented to Cabinet next year.
Criminal Lawyers Association of WA president Anthony Eyers said it was "perfectly possible" a person facing a charge of being an accessory to murder in similar circumstances to Monis would have been granted bail in WA.
He said because the subsequent sex assault charges were historic and not alleged to have been committed while he was on bail, they would not have triggered a provision of the WA laws that requires an accused person to show exceptional reasons why they should be granted bail.
Prominent defence lawyer Tom Percy said he believed somebody facing similar charges to Monis would have been granted bail in WA.
"I also don't think that an isolated case like this really calls for any review of the existing bail laws," Mr Percy said. "The existing bail laws here are really tough. You are effectively given one chance."
But barrister Simon Watters said he believed it would have been difficult for Monis to have been granted bail in WA.
"I would have thought he would have been very lucky to get bail here on the accessory to murder charges, given the nature of that alleged crime, the fact he would have been seen as a flight risk, and his background," Mr Watters said.
