INVESTIGATION CONTINUES: Police tape off the entrance of a Sylvan Drive address after the death of a 46-year-old man at Moore Park Beach on Wednesday. Photo: Max Fleet / NewsMail
INVESTIGATION CONTINUES: Police tape off the entrance of a Sylvan Drive address after the death of a 46-year-old man at Moore Park Beach on Wednesday. Photo: Max Fleet / NewsMail Max Fleet

Man granted bail after charge is downgraded

A MAN charged after the death of a 46-year-old man following an alleged altercation at Moore Park Beach has been granted bail as the charge against him was downgraded.

Gavin Russell Baldwin, 31, was originally charged with grievous bodily harm following the death of Ipswich father Joseph Bornen but on Thursday that charge was dismissed and replaced.

Baldwin is now accused of committing an unlawful act intended to cause bodily harm.

Appearing in the Bundaberg Magistrates Court, Baldwin's defence lawyer Rian Dwyer made a third application for bail on Baldwin's behalf since the September 23 incident.

Mr Dwyer continued to maintain that Baldwin had a case for self-defence.

The court heard it was Bornen who approached Baldwin at his Sylvan Rd home.

Mr Dwyer directed Magistrate Aaron Simpson to the statements of three witnesses, including two children, who threw doubt on how a laceration to Mr Bornen's head was allegedly caused.

Mr Dwyer said the three witnesses stated there was an earlier altercation between his client and Mr Bornen.

The court heard a statement from a female witness who said Mr Baldwin's father allegedly picked up a baseball bat, and while trying to hit his son, accidentally hit Mr Bornen in the head.

However in opposing bail police prosecutor Acting Senior Constable Andrew Blunt said police held some doubt about the validity of the statements.

He also argued that police held concerns Baldwin could potentially tamper with witnesses if released on bail.

Carefully considering the bail application Mr Simpson said Baldwin's position had improved a "little bit" since his last bail application just two weeks previously.

However he decided it was enough to grant bail and Baldwin was released with strict conditions. He must report to police twice a week and stay away from other people involved in the case, including his parents.

The matter was adjourned until February 4.


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