An Armidale man charged with sexually assaulting a woman in the street has been caught on tape telling his mother he would flee the state if released from jail.
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Harley Jones faced Armidale Local Court this week via audio-visual link from Parklea Correctional Centre to apply for bail.
But the Crown opposed the application, revealing police had recorded a jail call where the young man, who has been in custody since the alleged assault, spoke of leaving NSW.
The 20-year-old shearer is accused of a random sexual attack on a woman in a darkened street on January 19 but is yet to enter a plea.
Senior Detective Constable Mark Rogers took the witness stand on Wednesday and told the court police had recorded a telephone call about two months ago where Jones said he would leave the state “when he got out”.
Defence solicitor Patrick Kennedy argued Jones meant he would leave after the conclusion of proceedings rather than while on bail and suggested strict bail conditions would alleviate the risk.
Mr Kennedy suggested Jones could live with his father, only leave the house in his company, report to police and be subject to a curfew from 8pm to 5am.
Under the proposal Jones would have gone to work with his father, also a shearer.
But Magistrate Karen Stafford decided the risk of Jones not appearing in court or influencing witnesses, many of whom are his family or friends, was too high and refused bail.
She noted evidence included CCTV footage placing Jones in the vicinity of a phone box relevant to the case, clothing matching the woman’s description and statements from his associates which vary from his own description of the night.
“There are similarities in the description of the accent of the perpetrator and things your friends say about your accent,’ she said.
Magistrate Stafford said she was “not satisfied” that any bail conditions would alleviate Jones’ flight risk.
“If you’ve already voiced an intention to leave the jurisdiction, reporting to police or having a curfew placed on you wouldn’t mitigate the risk,” she said.
Magistrate Stafford said the attack on the woman was sexual and violent with the “perpetrator’s intent to rape her being clearly made”.
Jones will face court again on August 6.
