The husband of a Grafton school teacher charged with her murder says he is being ‘terrorised’, assaulted and ‘stood-over’ in jail, but he was again refused bail.
John Wallace Edwards appeared in Lismore Local Court on Tuesday afternoon, his 61st birthday, via videolink from Cessnock jail.
The disappearance of 55-year-old Sharon Edwards attracted national media attention when she went missing on Saturday March 14, 2015, and again when Mr Edwards was arrested at Redcliffe in June and charged with her murder.
Before the luncheon adjournment, Magistrate David Heilpern was given a 19 page statement of facts relating to the case to read before considering bail.
Barrister Peter O’Connor applied for bail for Mr Edwards, stating cause could be shown to justify his release based on three factors; the strength of the bail application, the lack of strength of the prosecution case and medical reasons.
‘The accused says he has absolutely no involvement whatsoever in the disappearance of his wife,’ Mr O’Connor said.
Aware he was a suspect in the investigation into Mrs Edwards disappearance, Mr O’Connor said his client had given police a detailed interview and twice approached them with information.
‘He has continued, on a number of occasions, to provide police with information,’ Mr O’Connor said.
‘There have been no attempts on his part to flee or conceal his whereabouts.’
The court heard Mr Edwards had worked as a teacher for the NSW Education Department until he was medically retired.
Mr O’Connor said he suffered from a number of medical conditions including vitamin B deficiency, chronic emphysema, a pre-cancerous condition, and a growth that had developed in his testes since he had been arrested.
Currently in the high-care unit at Cessnock jail, Mr O’Connor said Mr Edwards was assaulted four weeks ago and ‘terrorised’ by threats from inmates.
‘Persons in the custodial institution believe he has funds in his annuity and he is being stood over for money,’ Mr O’Connor said.
Since his arrest, Mr O’Connor said Mr Edwards had not been able to exercise or get sunshine.
Mr O’Connor argued the prosecution relied heavily on mobile phone records as part of their case, which the defence had not received.
He said if granted bail, Mr Edwards could reside at Redcliffe, near Brisbane and not go to Grafton or Lawrence, not contact any witnesses except his sons, deposit $20,000 cash surety and an acceptable person could deposit $30,000 surety.
As Mr Roberts has established a relationship with a woman from Redcliffe and he has surrendered his passport he has no intention to flee, Mr O’Connor said.
If bail was granted under those conditions, Mr O’Connor said it ensured his attendance at court and absence from where the alleged event occurred, ensures he wouldn’t contact witnesses and he would be in a better position to prepare his legal case and deal with medical issues.
Prosecutor Luke Wiggins opposed bail stating Mr Roberts had provided no evidence of any of his medical issues to the court and that any of his issues could be treated by justice health.
Mr Wiggins said a report on phone records would be provided to the defence when the report writer returned from overseas.
‘You say there is an expert’s report and its really strong,’ Mr Heilpern said.
‘It’s not fair on the defence.’
He also submitted there was no evidence of Mr Edwards being assaulted while in custody.
In assessing the application, Magistrate David Heilpern said in ‘show cause’ matters bail should be refused unless the defence show why detention isn’t justified.
Magistrate Heilpern said the case against Mr Edwards was circumstantial, with no body found and no admissions made.
He said an injury to Mr Edwards hand suffered around the time of his wife’s disappearance was ‘unlikely to have occurred in the manner described by the accused’.
According to the facts, Mr Heilpern said Mr Edwards had made lies or misrepresentations in his initial interview with police compared with his second interview and phone records showed different movements than those disclosed by Mr Edwards.
Mr Heilpern said witnesses who had given statements to police completely contrast the nature of the relationship between Mr Edwards and the deceased compared to the relationship portrayed to police and the media.
‘The case in my view cannot be described as weak,’ Mr Heilpern said.
‘It is a circumstantial case, but not a weak one.’
He adjourned Mr Edwards matter until September 5 at Grafton Local Court.
The prosecution was ordered to serve the material they have relating to the case on the defence, so a bail application can be prepared for his next appearance.
