ACT Magistrates Court grants accused stalker bail over alleged spying, assaults

The 38-year-old north Canberra man was granted bail in the ACT Magistrates Court on Saturday, when he faced five charges that included stalking, unauthorised access to data and assault

The defendant, who is not being named in order to protect the identities of his wife and children, did not any enter pleas.

In documents tendered to the court, police allege the man installed an application called AirDroid Parental Control on his wife's phone on Thursday because he believed she was being unfaithful.

The application is said to have given the man access to messages sent to and from the phone, as well the device's location, camera and microphone.

Police claim he maintained surveillance on his wife for at least part of the day before confronting her at her workplace in the early afternoon, having read a message she had sent to a colleague.

He is said to have demanded she get into his car, where he allegedly insulted her and accused her of infidelity.

The man allegedly went on to slap and "back-hand" his wife in the face several times as she begged him to stop because one of their two children was in the vehicle.

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During a subsequent argument at the family home, police say the man contacted his wife's family and friends to tell them of her alleged infidelity.

The couple eventually went to sleep in separate rooms, but the alleged abuse is said to have continued when the man woke his wife about 2am on Friday.

He allegedly dragged the woman into the master bedroom and pressed one of his feet into her neck while grabbing her hair.

Police claim he then used both hands to repeatedly hit her face and body.

When this eventually ended, the woman is said to have left the home and asked police to check on the children.

Officers say when the woman attended Gungahlin Police Station on Friday afternoon, she had "large bruises" on her face, neck and right arm.

Police subsequently arrested her husband, who is said to have admitted installing the app on her phone.

On Saturday, prosecutor Colin Balog said the man had also attempted to justify the alleged assaults by describing them as "an impulse reaction" he could not control because of his wife's supposed infidelity.

Mr Balog told the court there were also suggestions of an unreported history of domestic abuse.

He opposed bail, arguing Chief Magistrate Lorraine Walker could not be confident in the man's ability to abide by conditions.

"It's an extreme level of control," Mr Balog said.

"That level of control and jealousy wouldn't be easily relinquished due to a court order."

Despite Mr Balog's opposition, Legal Aid duty lawyer Ewan Small secured the man bail.

Mr Small said the defendant had no criminal history and would be willing to abide by not only bail conditions, but also a special interim family violence order that imposes several restrictions on him.

Ms Walker, who imposed such an order, noted the serious nature of the charges and said the court held fears for the alleged victim's safety.

But she said there was "little basis" on which to form a view that the defendant would not comply with bail.

The man was accordingly released ahead of his next scheduled court appearance in April.

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