A Greendale man has been released on bail after taking his bid for freedom to the Supreme Court.
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John Dinatale, 43, was refused bail in the Ballarat Magistrates' Court in January for allegations of serious and prolonged family violence against his wife and children.
But Justice Andrew Tinney ruled on Tuesday exceptional circumstances for bail had been shown and the risks could be reduced to an acceptable level.
He said it was highly likely a period on remand could exceed any sentence as a trial may not be heard until 2023, with delays caused by COVID-19.
It was alleged family violence of a repeated nature against vulnerable people including children.
- Justice Andrew Tinney
Justice Tinney said there was definitely a risk to the alleged victims of the offending, but it could be mitigated with the implementation of strict bail conditions.
Charge sheets obtained by The Courier in January reveal Dinatale is facing a total of 51 charges relating to alleged family violence and animal cruelty.
Justice Tinney said the alleged offending had 'a number of concerning and distasteful aspects'.
"It was family violence of a repeated nature against vulnerable people including children," he said.
"One threat to kill was made in a particularly frightening fashion."
The court heard the allegations relate to instances of family violence against Dinatale's wife and children from 2015, with most charges relating to incidents in 2020.
Police allege Dinatale threw the complainant against a wall in 2015, causing her to hit her head, and threw her on the bed while she was holding their two-year-old child.
In November 2019 Dinatale allegedly punched the complainant to the back of the head multiple times and pulled her hair out while she was cowering on the floor.
The court heard their six-year-old child stood between them and the complainant ran outside before Dinatale allegedly dragged her back in.
Dinatale allegedly threw knives at the complainant in 2019, threatened to kill her and her family and punched her to the face.
He is accused of throwing rocks at his son's head in April 2020 and lunging at the complainant with a machete. Their young son called triple zero.
Police allegedly seized 11 firearms from the home and found a loaded firearm next to their bed.
On other occasions in 2020, Dinatale allegedly threw items at the complainant's head, bit her and spat in her face.
Justice Tinney said Dinatale allegedly made a particularly graphic threat in August 2020 when he told the complainant 'if you leave me I will put you in the ground like Theresa', referring to the complainant's cousin who was killed by her partner.
Dinatale is also charged with animal cruelty for allegedly hitting the family horse and dog with a broom on multiple occasions.
A charge of attempting to pervert the course of justice lifts Dinatale's case to the committal stream.
Dinatale was arrested in September and had been in custody since.
The court heard Dinatale had been a stay-at-home dad for three years at their Greendale home, but would be living with his parents at their holiday home in Sorrento while on bail.
Dinatale has no prior criminal convictions. His mother offered a $100,000 surety to the court.
The prosecution had submitted Dinatale's wife and children were petrified by him and police were concerned about the risk of physical harm to them.
Justice Tinney said Dinatale was accused of 'nasty' and ' repeated ' family violence offending, but he believed the risks could be mitigated with the implementation of strict bail conditions.
Dinatale must reside at his parent's Sorrento holiday home and must not travel outside of the Mornington Peninsula region while on bail.
He must abide by a curfew, only have one mobile phone and give the number to the informant and not contact the complainant.
"If you send a single text message, endeavour to contact them, if any way leave the area you are going to be contained to, or any bail conditions were breached, your mother would run the risk of losing that $100,000," Justice Tinney said.
Dinatale will return to the Ballarat Magistrates' Court in June for a committal hearing.
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