An accused murderer will walk from court after a judge found his special vulnerabilities will make his time in custody more difficult.
Today, Victorian Supreme Court Justice Rita Incerti allowed bail for 73-year-old Steven Johnson, following his charges five months ago related to the murder of Christopher Jarvis.
Johnson, who was seated in the dock wearing a neck brace, pulled off his glasses and wiped away tears as he learnt of the decision.
Doyle highlighted inconsistencies in Fenwick’s account, noting that his statement, given for a reduced sentence, could lead a jury to question its validity.
But Justice Incerti today found the prosecution’s case against Johnson could not be described as weak, although there were triable issues.
The judge acknowledged that much of the evidence against Johnson originated from Fenwick, with the credibility of his testimony to be scrutinized during the committal hearing scheduled for January.
“Credibility and reliability will be a central issue in this case,” Justice Incerti said.
Justice Incerti cited Johnson’s “special vulnerabilities,” such as his age and health issues, as compelling reasons to approve his bail request.
She noted those vulnerabilities have made his time in custody more difficult, as he has not received some of the medical care he needed.
Justice Incerti also rejected prosecution claims Johnson was an unacceptable risk of contacting Fenwick or moving Jarvis’ body if released.
She said a series of bail conditions, including a no-contact order and a ban from entering Framlingham Forest, could alleviate any concerns.
Johnson’s wife put forward a $500,000 surety as part of his bail, while the 74-year-old will also have to follow a 9pm to 6am curfew.
He will return to Warrnambool Magistrates Court in January for his committal hearing.
