A Supreme Court justice says the prosecution case against a man charged with the attempted murder of a Scarsdale woman is weak.
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Paul Dale Bradley, 32, was granted bail at the Supreme Court of Victoria on Tuesday after Justice Paul Coghlan said he was 'concerned about the lack of objectivity in the case'.
The Scarsdale man is charged with 10 offences, including attempted murder, over an incident which happened on November 15 after an argument with a woman.
The prosecution alleges Bradley assaulted the woman with an intent to kill her, choking her until she was unconscious, then punching her while she was passed out.
The woman said she could not remember anything after the argument.
The court heard her mother called an ambulance when her daughter was returned to her home because she was 'delirious' and 'not making much sense'.
There is very little evidence there was an attack made on the complainant with an intent to cause death.
- Justice Paul Coghlan
A nurse said there were injuries and marks around the woman's neck consistent with strangulation.
Detective Senior Constable Brown in a hearing last week said police opposed Bradley's application for bail because he was an unacceptable risk of interfering with witnesses.
He said Bradley had made a number of phone calls from custody, asking people to pass on messages to the complainant and for her to change her statement.
In handing down his decision on bail, Justice Paul Coghlan said there was a lack of evidence to support the attempted murder charge and the case was 'extremely weak'.
"Where does the narrative about the choking, the loss of consciousness and the assault come from?," he said,
"It is being put as an allegation in a firm narrative. It doesn't seem there is much evidence of anything. You start with some injuries and draw a conclusion from that.
"There is very little evidence there was an attack made on the complainant with an intent to cause death."
Justice Coghlan said he found the weakness of the prosecution case was a factor in meeting the exceptional circumstances test for bail.
He said there would also be a significant delay in the case going to trial.
Justice Coghlan said there was no doubt the informant had 'serious concerns' about the safety of the complainant, but he did not find there was an unacceptable risk to her or the public safety.
He said Bradley did not have a good history obeying court orders which undermined some confidence held for his willingness to comply with bail, but he had already spent time in custody.
"It is hoped he would now understand the impact of these matters and the risks he puts to his bail if he breaches any conditions," he said.
Justice Coghlan said Bradley had the support of his family and would live in Pakenham, which was 200km away from the complainant, with his mother on bail.
Conditions of bail are for his family to provide a $100,000 surety, to abide by a curfew meaning he has to be home at night and an exclusion from Ballarat unless attending court.
Bradley is also charged with intentionally causing serious injury, assault, engaging in reckless conduct causing serious injury and reckless conduct endangering life.
He will return to court in Ballarat in August.
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