LOST EVIDENCE: The police officer accidentally deleted the photo off the phone.
LOST EVIDENCE: The police officer accidentally deleted the photo off the phone. Cathryn McLauchlan

Evidence lost after man allegedly chokes mum

A MAN who allegedly choked his own mother was again denied bail after evidence was deleted.

The man appeared in Murgon Magistrates Court on December 11 for a bail application on the basis of evidence against him becoming weaker.

Defence lawyer Tim Campion said the arresting officer had accidentally deleted photographic evidence of the choking off a phone.

The defendant will face three substantial charges in court at a later date, including choking in a domestic violence relationship.

"Without having the principal charge for the court, if that should disappear in district court, it's not going to be a case of a substantial sentence hanging over his head," Mr Campion said.

He was also charged with domestic violence assaults occasioning bodily harm whilst armed, and domestic violence wilful damage.

The court heard all three charges resulted from the same day on September 2, where the defendant allegedly choked his mother and pushed her back over a bannister.

Magistrate Louisa Pink said the man had grabbed the victim's throat and tightened his grip.

"He said he hated her with expletives, the victim was struggling to breathe, he continued to choke her and pushed her backwards towards the balcony," she said.

The court heard he then turned her around and pushed her towards a chair.

Mr Campion said there was some doubt as to whether the bruising took place.

"The lady has breast cancer, and was told she would bruise easily, and there's no documentation of bruising as she was pushed back over the bannister," he said.

The defendant was refused bail on September 7, which was based on the seriousness of the charges and nature of the allegations.

The defence lawyer said there was no evidence of choking apart from the victim's statement, now the photo was not included in the evidence.

"There's even some doubt whether a weapon was used in the assault occasioning bodily harm," he said.

Mr Campion said the defendant had already been remanded in custody for 96 days.

"In his assault occasioning bodily harm, he wouldn't be getting any more than that," he said.

The defendant is also charged with the unauthorised dealing with shop goods, driving without a licence disqualified by a court order and another wilful damage charge.

The Murgon Magistrates Court set April 9 as a nominal date for mention.

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