The often-rushed process has recently been in the spotlight for tragic reasons. This masthead revealed on Friday thattwo weeks before Daniel Billings allegedly murdered his 28-year-old former partner Molly Ticehurst,it was alleged in court at his bail hearing on earlier charges that he showed the “concerning behaviour” of a domestic abuser escalating toward “the most disturbing conclusion”.

Magistrates don’t work weekends in Dubbo,where a registrar released Billings on bail within just 12 minutes on April 6 on sexual assault,stalking and animal cruelty charges.

A magistrate continued Billings’ bail days before the alleged murder. Following Ticehurst’s death,NSW Premier Chris Minns announced a review of bail laws in NSW to determine “whether urgent law reform is required”.

Ticehurst’s horrific death is not comparable to Sunday’s cases.

However,there is a common theme among many bail applications – there is little time for busy courts to make decisions.

While each case has its unique challenges,some are more complex than others. Magistrate Eve Wynhausen summed part of the problem up well when ultimately refusing bail for a man who had allegedly made threats involving a knife towards his ex-partner on Sunday.

His defence lawyer told the court his client made no attempt to throw the knife at his ex-partner and had the knife in his hand when police arrived. He was devastated at their relationship ending and threatened to harm himself,not her,he said.

TheHerald has chosen not to name the 26-year-old to protect his alleged victim’s identity.

The magistrate noted there were two intimidating incidents days apart,one involving a weapon,and the risks of endangering the community or committing further serious offences were serious.

She refused bail. But she would have liked more information to guide her decision,which was made in a matter of minutes.

“The material before the court is – and this is understandable as it is a bail court – somewhat scanty,both on the parts of the prosecution and the defence,in terms of greater detail about his mental health,” Wynhausen said.

“The strength of the prosecution case – as is usually the case in these types of matters – is difficult to predict at this stage.”

Samir Karnib,principal solicitor of Karnib Law Group,witnesses daily the pressure defence legal teams and prosecutors face in quickly preparing for bail submissions and accepts time restraints can be tough on judicial officers faced with limited information.

The high-profile lawyer regularly answers surprise calls in the middle of the night from people who have just been arrested and need him in court as early as the very next morning. He has the option to delay applying for bail and spend more time gathering information,but his clients are keen to be freed.

“The challenge,of course,is that the courts are trying to balance the right of the defendant together with the prosecution’s concerns of granting bail,and whether they can be mitigated with bail conditions,” he said.

“If the magistrate thinks the history of the offender or continued repeat offending,for example,forms an unacceptable risk,they’re refused bail.”

“I appreciate the stress that the courts go through in doing it with how many cases we all have to get through. It’s not easy”.

While Karnib was speaking to the general bail process and stressed that he respected the courts and the decisions magistrates made,he acknowledged if a man who is granted bail while charged with serious domestic violence offences allegedly murders his ex-partner two weeks later,and magistrates comment on the “scanty” available information they can be faced with,the courts don’t always get it right.

“Everyone has the right to apply for bail straight away,” he said.

“The benefit of foresight comes into play sometimes when you hear that people are granted bail and go on to commit another offence;it is something that courts struggle to balance”.

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