A man charged with manslaughter after the death of the Strathmerton postmaster has been freed from remand while he awaits his trial.
Troy Matthew Maskell, 43, from Numurkah, successfully applied for bail in the Shepparton Magistrates’ Court.
The manslaughter charge comes after the death of postmaster John Burke, 73, more than two months after an incident at the Shell service station at Strathmerton shortly after 1am on August 8.
Homicide Squad’s Detective Sergeant Scott Jones told the court Mr Maskell threw a plastic full one-litre bottle of sports drink at the victim after Mr Maskell’s partner abused the victim and made accusations against him.
Police allege Mr Maskell threw the bottle from 2m to 3m away towards the victim at head height.
The bottle hit Mr Burke on the head and, as he was bent over, Mr Maskell kicked Mr Burke in the hip, making him fall to the floor, Det Sgt Jones said.
Mr Maskell was then pushed out of the store by the co-accused, before coming back in and stomping on the victim’s glasses while he laid on the floor, Det Sgt Jones said.
The court heard he then kicked the bottle at Mr Burke, hitting him in the groin or hip area.
Mr Burke was taken to hospital in Shepparton, before being flown to Royal Melbourne Hospital where he died on October 28.
The court heard that before the incident Mr Maskell had drank 24 stubbies of beer and some whiskey shots and smoked some cannabis.
In a police interview, Mr Maskell said everything was pretty blurry about the incident.
Prosecutor Yildana Hardjadibrata argued that any time spent on remand would not exceed a sentence he would likely receive if found guilty of manslaughter.
He also said he was a flight risk and an unacceptable risk of committing further offences while on bail.
Mr Hardjadibrata also said the offending was serious and was an “intentional and unprovoked attack”.
Mr Maskell’s solicitor David Gibson, however, argued there were triable issues in the case including whether Mr Maskell’s actions were the cause of Mr Burke’s death.
He also argued that for the charge of manslaughter to be made out, it must be found that the regular person would realise that throwing the plastic bottle could result in a serious injury.
Mr Gibson said lengthy delays in the matter going to trial also needed to be taken into account.
Magistrate David Faram granted Mr Maskell bail, saying he agreed there were triable issues in the case.
However, he also described the prosecution case as “far from weak”.
Mr Faram said the main reason to grant bail was the substantial delay of up to three years before the matter went to trial.
Bail conditions include that Mr Maskell live with his sister and in Bonnells Bay in NSW, that he surrender his passport and not leave Australia, report to police twice a week and not drink alcohol or use drugs.