A person charged with poisoning his accomplice’s toddler practically 18 years in the past in a rural city will stay on bail after a police software to take him into custody was refused.
Cecil Patrick Kennedy appeared within the NSW Supreme Courtroom on Monday after police sought to take him into custody for breaching bail circumstances.
The 50-year-old will face trial later this 12 months charged with the manslaughter of Jordan Thompson in 2005.
He has denied the cost and can face trial later this 12 months.
Kennedy was arrested in September 2021 after detectives launched a reinvestigation into the boy’s demise.
Jordan was 21 months outdated when his mom, Bernice Swales, went to run errands on March 19, 2005.
When she returned dwelling, she discovered her son unresponsive. The toddler was rushed to the hospital however couldn’t be revived.
Mr Kennedy was courting Ms Swales on the time of the toddler’s demise and police allege he gave Jordan the deadly antidepressants whereas taking care of him.
On Monday, the court docket heard that he allegedly breached his bail circumstances whereas ready to battle the cost in opposition to him.
Police say the Doonside resident was driving with hashish in his system whereas he was required to be of excellent behaviour.
The court docket heard he admitted to utilizing hashish when he was stopped by the police earlier this month, regardless of a court docket order to abstain from utilizing medicine.
Crown prosecutor Caitlin Nash informed the court docket she was instructed to pursue a detention software to take Mr Kennedy into custody on remand to stop future breaches.
“It is a situation of his bail to be of excellent habits and the consumption of hashish clearly flies within the face of that direct order,” she stated.
“It raises concern … about Mr Kennedy’s capability to abide by the bail circumstances.”
Ms Nash stated the crown was anxious Mr Kennedy would proceed to breach his bail circumstances and probably not seem in court docket, as he has accomplished prior to now.
Nonetheless, protection lawyer Linda McSpedden stated the breach was not confirmed and it might take two months for the drug check outcomes to be returned to the police.
She submitted the present bail circumstances have been already taking their toll on Mr Kennedy, who she claims has “some pretty intensive well being points”.
“These circumstances are very onerous and really far reaching,” Ms McSpedden stated.
Kennedy should report back to the police 3 times per week and abide by a strict nightly curfew.
He’s additionally forbidden from ingesting alcohol or utilizing medicine, besides these prescribed to him by a health care provider.
Since being granted bail in December 2021, the Doonside resident has been unable to be within the firm of anybody underneath 12 years outdated for any purpose in any respect.
Choose Anthony Blackmore accepted Mr Kennedy had breached his bail circumstances through the use of hashish.
However he determined to not take any motion on the breach and reaffirmed Mr Kennedy’s restrictive bail circumstances.
He famous the 50-year-old is dealing with a “sophisticated and tough” trial in relation to the demise of Jordan Thompson.
Ms McSpedden agreed, noting there could be a necessity for “very detailed skilled proof”.
“That matter has been a very long time coming to court docket and there have been two coronial inquiries requiring practically 100 witnesses,” she stated.
Mr Kennedy will return to court docket in June for a six-week trial over the toddler’s demise.
