Killer Danny Klobucar likely to be granted bail unless prosecutor can 'cough up the medicals'

Danny Klobucar, 34, was previously found not guilty of murder by reason of mental impairment after he beat Miodrag Gajic, 71, to death in Phillip on New Year's Day in 2014.

The unemployed Wanniassa man, operating under the delusional belief he was an undercover police operative working to bust underground networks of child molesters, wrongly believed the victim was a sexual predator when he carried out the fatal attack.

Klobucar was back before the ACT Magistrates Court on Monday, applying for bail in relation to a May 30 incident that led to him being charged with four offences.

He is awaiting a contested hearing on September 23, having pleaded not guilty to charges of choking a person unconscious or insensible and possessing a drug of dependence.

However, he is yet to enter pleas to two counts of unlawfully possessing stolen property.

Police have accused Klobucar of attacking another man he suspected of child abuse by wrapping an arm around the Conder resident's neck and choking him while asking "how do you like that?"

The 34-year-old is said to have suspected this man of burning a two-year-old boy's leg.

Having already been refused bail twice, Klobucar was required to demonstrate a change in circumstances when he made his third bid for conditional freedom on Monday.

Defence lawyer Jacob Robertson argued the provision of the prosecution's brief of evidence represented the required change, saying the material contained "inconsistencies".

Mr Robertson told the court an independent witness had given police a statement, which did not line up with what the alleged victim claimed had occurred during the incident.

He noted that Klobucar's mother, who was present at the scene, had already contradicted the alleged victim's account in sworn evidence given at the 34-year-old's first bail application.

Mr Robertson said there had clearly been some sort of "scuffle" and it was possible Klobucar had committed a common assault, but the 34-year-old was not charged with that and was being kept in custody on a more serious charge.

He also said there was no medical evidence to back up some of the alleged victim's claims as he proposed a series of bail conditions, which included requirements that Klobucar live with his father, observe a curfew and refrain from contacting any prosecution witnesses.

Prosecutor Lewis Etheredge argued the required change in circumstances had not been established, telling the court the independent witness' statement in fact supported the case against Klobucar.

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"On his version, which supports the complainant's version, the accused attacks the complainant," Mr Etheredge said, telling the court Klobucar was "certainly the aggressor".

He added that any differences in witness statements would be examined at next month's hearing.

"There's nothing your honour would look at here and say, 'Well, the prosecution case is now significantly weaker'," Mr Etheredge told special magistrate Margaret Hunter.

Ms Hunter ultimately adjourned the bail application until Wednesday, saying it was "just so important for Mr Klobucar and the community" that she made the right decision.

She said she also wanted Mr Etheredge to provide the court with medical material relating to the alleged victim, who sought treatment at Canberra Hospital after the May incident.

The magistrate indicated she was likely to grant bail on Wednesday if the prosecutor was unable to "cough up the medicals".

"You'll be on the screen and I'll tell you how you go," Ms Hunter told Klobucar, who appeared via audio-visual link from the Alexander Maconochie Centre.

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