Intruder accused of touching sleeping boy refused bail

A 38-YEAR-OLD man  accused of breaking into an Oakey home and inappropriately touching a 10-year-old boy as he lay asleep in bed has been refused bail.

The man, who cannot be named for legal reasons, appeared before Toowoomba Magistrates Court today on charges of break and enter of a dwelling at night and indecent treatment of a child under 12.

Police claim the man drunkenly stumbled into the Oakey home late Saturday night and crawled into bed with the child.

While the child was not physically harmed, police claim the man inappropriately touched him as he lay in bed.

During his initial appearance in court, the accused man was not required to enter any pleas to the charges and his solicitor Shane MacDonald applied for bail on his behalf.

Mr MacDonald told the court his client "strongly opposed and contested" the allegations.

He said the child had a disorder and that identification would be an issue in the case and that his client had been found by police at another address some time after the alleged incident.

If granted bail, his client would live with a friend in the Nanango area where he could also source work while on remand, Mr MacDonald submitted.

The case would eventually have to go up to the higher court which could take 12 months or more and if not granted bail his client could spend an inordinate time in custody, he said.

However, Magistrate Bruce Schemioneck said the community had to be protected and that he considered the accused man an unacceptable risk and refused bail.

The accused was remanded in custody with the case adjourned to the Oakey Magistrates Court for committal mention on August 3.


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