PROSECUTORS will head to the Supreme Court to keep an alleged paedophile and former catholic priest, now living near Harden, behind bars.
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John Joseph Farrell is facing 26 separate historical sexual assault offences against five young boys in the early 1980s in the Moree and Tweed Heads areas and lodged a successful bid for bail in Central Local Court on Tuesday.
But Magistrate Les Mabbutt's bail determination was immediately stayed after the prosecution indicated they would challenge the decision.
According to the bail legislation, the prosecution can make a detention application to the Supreme Court if bail is granted by a lower court.
Under the legislation, Farrell will now remain in custody for up to three days until the application is heard by the Supreme Court.
Farrell is charged with 16 counts of sexual assault and acts of indecency against a person aged under 16, eight counts of sexual assault of a person under 16 and two counts of sexual assault inciting and indecent act upon a person under 16.
According to court documents, Farrell allegedly molested five boys at various times in the Moree area and Tweed Heads between 1981 and 1984.
Farrell allegedly had sexual intercourse with three of the boys and indecently touched four of them, and is also alleged to have to have taken a nude photo of one of his victims.
During Tuesday’s proceedings, Magistrate Mabbutt granted bail with strict conditions, ordering Farrell to live in Harden and report to local police everyday unless attending court or meetings with legal representatives.
Farrell has also been prohibited from associating with any child under the age of 16 or entering any school property.
Under the bail conditions, Farrell cannot apply for a passport or enter any departure point out of Australia, and has to forfeit $10,000 cash in surety.
The 61-year-old was arrested by detectives in Harden last week before he was refused bail by police in Wagga, and has been in custody since.
Last week, Magistrate Erin Kennedy refused a request by Farrell's barrister to suppress the accused's name and said there was strong public interest in open justice and no evidence before the court to support the submission Farrell might be exposed to retaliation.
The detention application will be heard later this week.
