A RED Cliffs man awaiting retrial on a charge of murder after a jury was discharged without verdict has had an application for bail refused.
David Cartledge, 38, had been on trial for more than two weeks on one count of murder as well as an alternate charge of arson causing death in February this year before the trial was halted.
It followed the discovery of the body of 52-year-old David Butler whose remains were located in his Indi Avenue house at Red Cliffs following a fire on the night of February 26, 2023.
Mr Cartledge had pleaded not guilty to both charges in the Supreme Court sitting at Mildura.
His application for bail in the Supreme Court heard the accused man’s defence counsel had emphasised three matters in particular in relation to the bail application including the strength of the prosecution case, delay in proceedings and the concession that the man did not pose an unacceptable risk.
The Office of Public Prosecutions opposed the application on the basis that the applicant had failed to demonstrate the existence of exceptional circumstances that justified the granting of bail.
The court heard Mr Cartledge had spent 771 days in custody since his arrest and while his trial did not reach a conclusion, a retrial was likely to be held sometime this year.
Supreme Court Judge Lesley Taylor said the absence of unacceptable risk did not, when considered with other matters in the circumstances of the case, allow a finding that the applicant has demonstrated exceptional circumstances to justify the granting of bail.
She said subject to further considerations, delay was insufficient to form a finding of exceptional circumstances.
Justice Taylor said the applicant was charged with offences which carry maximum penalties of life imprisonment and 25 years imprisonment and Mr Cartledge accepted that in the event he is convicted of either charge he would be sentenced to a term of imprisonment that would exceed the time spent on remand.
Mr Cartledge was formally refused bail with his retrial expected to be held in the second half of this year.
“The circumstances relied upon by the applicant with respect to this application for bail do not, either singly or in combination, demonstrate exceptional circumstances justifying the grant of bail. It follows that bail must be refused,” she said.
