An accused assassin will stroll from courtroom after a choose discovered his particular vulnerabilities will make his time in custody harder.
Victorian Supreme Courtroom Justice Rita Incerti granted bail to Steven Johnson, 73, this morning, 5 months after he was charged with the homicide of Christopher Jarvis.
Johnson, who was seated within the dock sporting a neck brace, pulled off his glasses and wiped away tears as he learnt of the choice.
“Thanks, Your Honour,” Johnson informed Justice Incerti.
“I’ll obey all these (bail) orders, as I’ve beforehand.”
Jarvis, 38, was final seen leaving his house in Wangoom, close to Warrnambool, in Victoria’s west, in June 2006.
His physique has not but been discovered however police imagine it’s buried in Framlingham Forest, a local woodland owned by an Indigenous belief.
Johnson was first charged with Jarvis’ homicide in November 2022 however the cost was dropped in August 2023.
His alleged co-accused Glenn Fenwick in the end pleaded responsible to the lesser cost of manslaughter after agreeing to make an announcement to police towards Johnson.
Fenwick, who might be launched on parole as early as October, claims he joined Johnson in confronting Jarvis over excellent hire.
It is alleged Johnson struck Jarvis in his driveway, threw him to the bottom after which fired a starter pistol close to his ear when he wouldn’t cease screaming for assist.
Fenwick claims he solely helped maintain Jarvis down after which load him into the boot of the automobile, earlier than all of them drove to Framlingham Forest.
It is alleged Johnson then struck Jarvis to the pinnacle with a baseball bat earlier than eradicating his garments and burying him in a shallow grave.
Johnson’s barrister Patrick Doyle SC on Thursday argued the prosecution case towards his consumer was weak because it centred round Fenwick’s proof.
There have been discrepancies in Fenwick’s story and the actual fact he made the assertion to obtain a reduced sentence would give a jury cause to pause, Doyle stated.
However Justice Incerti in the present day discovered the prosecution’s case towards Johnson couldn’t be described as weak, though there have been triable points.
She accepted a lot of the proof towards Johnson got here from Fenwick and the final word power or weak point of his account can be examined at a committal listening to in January.
“Credibility and reliability might be a central challenge on this case,” Justice Incerti stated.
The choose pointed to Johnson’s “particular vulnerabilities” together with his age and medical circumstances as distinctive explanation why he must be granted bail.
She famous these vulnerabilities have made his time in custody harder, as he has not acquired among the medical care he wanted.
Justice Incerti additionally rejected prosecution claims Johnson was an unacceptable threat of contacting Fenwick or transferring Jarvis’ physique if launched.
She stated a sequence of bail circumstances, together with a no-contact order and a ban from coming into Framlingham Forest, may alleviate any considerations.
Johnson’s spouse put ahead a $500,000 surety as a part of his bail, whereas the 74-year-old may even should comply with a 9pm to 6am curfew.
He’ll return to Warrnambool Magistrates Courtroom in January for his committal listening to.
