The ACT Court of Appeal has handed down a much-anticipated decision on whether it has the power to grant bail to sentenced prisoners awaiting an appeal.
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Five men who are appealing against their sentences had asked to be freed on bail, with their lawyers arguing that the court had the jurisdiction to order the men's release.
But prosecutors had argued a legislative flaw meant the appeals court did not have that jurisdiction.
This morning Justice Richard Refshauge found he had the power to grant appeal bail and announced his intention to release two of the five men on bail.
Justice Refshauge said the two men, Edward Aldridge and Timothy West, had either proved special and exceptional circumstances to warrant bail or would have served the bulk of their jail terms by the time their appeal was heard.
But he knocked back the bail applications of three other men: Benjamin Sherd, Steven Beattie and David John Welch.
The trio had been jailed by visiting NSW judge John Nield for a vicious backyard bashing in Giralang in 2010.
They are appealing against the severity of their sentences.