A COURT barrister's submission that took more than three hours was money well spent for William Tai Speers, who was granted bail yesterday after being charged in relation to a violent home invasion on Rollo St on December 4.
Gladstone Magistrates Court heard a lengthy proposition from Speers' lawyer, Doug Winning, who told Magistrate Mark Morrow that it would be virtually impossible to have identified the rider of a Harley Davidson motorbike spotted at the scene of the home invasion.
The police charged that two witnesses had identified Speers, a 37-year-old Maori, as the rider of the motorbike by using a photo board.
Mr Winning, however, told the court the rider was wearing a full-face helmet and a mask that covered the lower half of his face, meaning it would be impossible to know who the rider was.
Speers had been remanded in custody on December 6 to allow him to engage a lawyer.
Mr Winning said witnesses had identified one of the five people who allegedly attacked family members at the Rollo St address as a Maori.
The group returned to the address again on December 6 and again witnesses said one of the five was a Maori.
Speers, however, was at that time in police custody.
"I submit that the police have arrested two Maori people and yet witnesses have said only one was involved," Mr Winning said.
Mr Morrow agreed the police evidence offered to the court was lacking.
"I have to deal with what's in front of me at present," he said.
He allowed bail with a condition that Speers report daily to the police. Speers is due to appear again on February 2.