Family offer a $10k surety for murder accused truckie
MACKAY truck driver Leslie James Walker will be released from custody today after being granted bail by the Chief Justice of Queensland Timothy Carmody.
Walker, 53, made his successful application in the Supreme Court in Mackay.
His family offered a $10,000 surety.
Walker is charged with the stabbing murder of Gregory Cash , 49, at a Nebo Rd unit in West Mackay on November 9.
Chief Justice Carmody said it was "a curious case", saying the alleged weapon, a knife, had never been found.
Evidence from Crown prosecutor Brendon Manttan came under scrutiny, with defence barrister Bronwyn Hartigan arguing it was "weak" and that a mat may have inflicted the wounds.
In evidence it was said Mr Cash suffered two wounds, a laceration to his liver and to a forearm. At least one witness claims to have seen Walker grappling with Mr Cash then grabbing a mat and striking Mr Cash with it, around his upper body.
There is also a claim by other witnesses that during an argument at Walker's unit someone was heard to say: "Put down your knife, get away from me. You got me." However, Ms Hartigan said there was no evidence the words came from Mr Cash.
She said Walker was not a flight risk and may be acquitted of murder and manslaughter, and if not granted bail would have spent a lengthy time in custody before his committal hearing in March.
"No admissions have been made. No admissions that he owned a knife or inflicted any wounds on the deceased. No witnesses saw a knife or the use of a knife by anyone," she said. Ms Hartigan put forward "a reasonable hypothesis" for what might have occurred, saying: The wound inflicted was not inflicted by a knife. It may be a wound inflicted by the sharp edge of a mat."
Chief Justice Carmody said he was not satisfied Walker was an unacceptable risk and granted conditional bail, saying that continuing to detain Walker before his committal would be unjustifiable.