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A Tauranga man accused of murdering Shane Kurth at an apartment complex on Waihi Rd last month has been granted bail despite police opposition.
Computer programmer Steven Wearne Nightingale, 37, is accused of fatally stabbing 33-year-old Mr Kurth with a large-bladed knife at the former Aaron Court apartments, where both men lived in separate flats, on September 14. Nightingale also faces four assault-related charges in relation to four other alleged victims - three men and one woman.
In Tauranga District Court yesterday his lawyer, Paul Mabey QC, successfully argued before Judge Peter Rollo that his client should be bailed despite police opposition.
Police prosecutor Sergeant Wayne Hunter told Judge Rollo that police opposed bail for a number of reasons including concerns that the accused may interfere with witnesses and witnesses' concerns about their safety.
Due to a suppression order, the Bay of Plenty Times is prevented from disclosing what the other reasons were.
Mr Mabey said there was no evidence to suggest that there was any risk to witnesses from his client if he was bailed to his mother's address in Porirua. This would allay any fears the courts might have.
Judge Rollo said it may be considered an unusual move to bail someone facing such serious charges but that in itself was not a basis for declining bail.
Regardless of the relative strength of the police case, the new Bail Act provisions and even the Court of Appeal states that the presumption of innocence rule must apply to every accused person, he said.
Judge Rollo said he was satisfied that if strict bail conditions were imposed, that would address the concerns police had.
Nightingale was remanded on bail without pleas to live with his mother in Porirua, subject to a curfew from 7pm to 7am and regular bail checks by police.
Nightingale was also barred from applying for a passport or any other travel documents.
He is not allowed to travel north of Upper Hutt or Paraparaumu unless to attend court or see his lawyer.
He was also barred from any contact with the complainants and named police witnesses.
He was also banned from consuming alcohol or non-prescribed drugs.
Nightingale was next due to appear in court on November 1.
- BAY OF PLENTY TIMES
