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Double blow to family as prisoner's funeral plea denied

THE brother of an Eimeo father tragically killed in a highway smash on Sunday may miss the funeral after a bid for temporary bail was denied in a heartbreaking double blow for the family.

Mackay Magistrates Court heard Angus James Moore was on remand for 10 offences, five of which were allegedly committed while he was on parole.

The 22 year old has made an impassioned plea for release on bail and parole so can farewell his brother Louis Moore at a funeral service on Wednesday.

Louis, 25, was killed on Sunday, July 14 in fatal crash on the Bruce Hwy. The young father was driving back to Eimeo when the car he was travelling in and two others collided just before 11am.

Solicitor Molly Elliot, for Angus Moore, told the court her client had requested parole release on extraordinary circumstances to attend the funeral.

Ms Elliot said if Mr Moore's bail and parole applications were denied he would need to take "a leave of absence in which he remained in corrective services custody" and he would also be responsible for any cost.

Magistrate Damien Dwyer had initially set down Mr Moore's bail application for next Tuesday with a personal appearance required, meaning he would have been transported to Mackay.

However Ms Elliot brought the matter forward to yesterday because the parole board would not consider the application until the bail bid had been heard.

"If he was brought in on Tuesday he won't be in correct services custody and he would not be able to attend on Wednesday," she said.

Prosecutor Robert Beamish said Mr Moore had a significant criminal traffic history and was an unacceptable risk of committing further offences.

The court heard five offences were allegedly committed after Mr Moore had been jailed for 12 months for like offending and "he admitted to police after being released from prison he went on a bender".

"And while it's unfortunate the circumstances (Mr Moore) is in, it doesn't make him an acceptable risk," Mr Beamish said.

Ms Elliot argued there were conditions that could be imposed that would alleviate any risk.

"He's only going to be released anyway (if) parole also approves it... there would be fairly onerous conditions," she said.

"The purpose of him being released on bail is to attend his brother's funeral... on July 24.

"My instructions are that he only seeks to be released for a short period of time."

But Mr Dwyer was not convinced.

"I'm told in your bail case that there's conditions that can be applied, that you can have somewhere to live, but the whole basis unfortunately for you is your brother's unfortunate demise in that accident last week.

"I have much sympathy for you and your family, but you have a significant criminal history for someone as young as you.

"And indeed both your father and yourself have made admissions that within nine days of being released on parole you went on a drug bender during which it's alleged you committed these offences."

He denied bail and Mr Moore's case was adjourned until August 1 for mention.

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