TWO brothers, one of whom is accused of delivering a blow that led to the death of Terry Wickey in a pub carpark clash on Saturday, disputed police allegations about their culpability during failed bail applications in Wagga Local Court.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Relatives wept as Malcolm Mathers, 29, Warren Mathers, 28, were refused bail.
Malcolm Mathers is charged with two offences: assault, cause death, by person 18 years or more (while) intoxicated; and affray.
Warren Mathers is charged with affray.
Tensions in the community over the tragedy were revealed by the police prosecutor, who asked magistrate Erin Kennedy refuse the bail applications made on behalf of the accused by solicitor David Barron.
She said there was “word in the community about repercussions and if (Malcolm Mathers) will stay in the community”.
Mr Barron said in the case of Malcolm Mathers his instructions “do not accord with the police facts” and in the case of Warren Mathers “he spent most of the time on the ground unconscious”.
Ms Kennedy refused Malcolm Mathers – a father of six – bail on the grounds no conditions could ensure his attendance at court to face a charge that has maximum sentence of 25 years.
The case was adjourned to February 1.
Warren Mathers, of Ashmont, was refused bail because Ms Kennedy said she could not be convinced given his “lengthy violent history” no further offences would be committed while on bail.
His case was adjourned to December 21 for the Office of Director of Public Prosecutions to decide if it will take over the case from police.
Mr Barron told the court that Malcolm Mathers, of Lake Albert, had no criminal record in NSW, worked at the Teys abattoir and was the sole provider for his family.
“We say there is no real risk he will fail to appear,” Mr Barron said.
Although not clear what the prosecutor’s reference to repercussions was about, Mr Barron said if threats were made towards his client or his family they would be reported to police.
“They will not take matters into their own hands, they will not flee,” Mr Barron said.
Mr Barron said Warren Mathers was a full-time shearer and the sole provider for his partner and their three children.
He said Mathers was the victim of a serious assault in the carpark and the back of his head had hit the ground.