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Frankston attack: Former judge defends bail for one-punch accused

Geelong Cats footballer Patrick Dangerfield called the accused a "pathetic human".

The discussion prompted former Victorian Chief Magistrate Nick Papas, QC, to defend the court's decision to grant Mr Wells bail on strict conditions, arguing the magistrate would have considered all the criteria when making the decision.

“The jails are full," he told radio station 3AW. “Where do we to draw the line? You can’t put everyone in jail.”

“Yes, let’s tighten, let’s change the law if that’s what people want. But where are we going to put them? Bearing in mind that they each cost $100,000 to keep in jail.”

He said it was dangerous to make assumptions about the case despite the clarity of the CCTV footage.

"We are entitled to comment on what appears to be a horrific circumstance, we are entitled to say all sorts of things about it but in the end we can't just presume his guilt," he said.

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"I don't know his circumstances, I think if we apply the strict provisions of the bail act and we have a bloke who has a job and he's committed this one dreadful offence then on balance I'd prefer to see him on bail. I just don't think we should be making assumptions about the background until it's clarified."

Victorian Premier Daniel Andrews said on Tuesday that the footage circulated on Monday was "sickening", but added he would not comment on Mr Wells' case while it was before the court.

"Anyone who has seen the CCTV footage could only be sickened by [the incident], but I don't want to be running commentary on it and in any way jeopardise the prosecution's case," he said.

"We have made reforms to bail, we stand ready, of course, each and every day to go further if we need to but... I don't want to put at risk the prosecution case in what is a wicked incident."

Opposition scrutiny of government spokesman Tim Smith said, however, that the perpetrator should never have been given bail.

"We need a presumption of remand," he said.

It comes as the father of a one-punch victim said Mr Wells would probably face greater punishment through social media than the Victorian court system.

Matt Cronin, whose son Patrick was fatally hit in a brawl outside a pub in Diamond Creek in 2016, spoke out against the state's legal system on Tuesday after a magistrate in a separate case granted bail to the Frankston accused.

Mr Cronin said magistrates were hamstrung by time delays in the court system and ineffectual laws.

He said until there were convictions and "real consequences" for assaults, the court of public opinion would speak louder than the judicial system.

"The reaction from the general public has been so strong," he said. "It'll probably be stronger than
anything the judiciary can do."

Patrick Cronin's parents Robyn and Matt outside court after their son's killer was sentenced last year.

Patrick Cronin's parents Robyn and Matt outside court after their son's killer was sentenced last year.

Photo: Justin McManus

Mr Cronin, whose own son's killer was released on bail after initially being remanded, said the whole situation was "pretty disgusting".

"Too much of this stuff still happens. There are still not enough consequences. The deterrents aren't there," he said.

Patrick Cronin.

Patrick Cronin.

Photo: Supplied

Mr Cronin said cases could take many months to return to court. Under this system, people could potentially spend years in remand – longer than their eventual sentences.

"As a victim, it's the worst feeling to see the person who has offended walk out the door. We had the extreme of that," he said.

"But when the system allows a [accused] killer to walk free, what chance have we go to stop someone who has [allegedly] assaulted someone?"

The man who killed Patrick Cronin, Andrew William Lee, was sentenced in the Supreme Court last year to eight years in jail, with a minimum of five years. He had pleaded guilty to manslaughter.

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