A Queensland councillor accused of murdering his stepfather will retain his elected position at least temporarily after being released on bail with a $250,000 surety.
City of Gold Coast councillor Ryan Donald Bayldon-Lumsden, 30, has been charged with murdering Robert Malcolm Lumsden, 58, at the family’s Arundel home about 3pm on August 23.
Bayldon-Lumsden was not present in the Brisbane Supreme Court on Thursday for his bail application hearing, which lasted nearly two hours.
Gold Coast mayor Tom Tate said Bayldon-Lumsden would remain a councillor "in all sense" unless Local Government Minister Steven Miles decided otherwise.
"My view has always been that he's innocent before proven guilty, so right now he's a councillor, and he will do his best to operate as a councillor," Mr Tate told reporters.
"I've already written to the minister and the ball is in his court."
A spokesperson for Mr Miles said the deputy premier was awaiting further advice.
Defence barrister Craig Eberhardt KC told the bail hearing his client had been subject to an ongoing abusive and controlling relationship with his stepfather.
"This is an offence committed against an appalling background and significant history of domestic violence," Mr Eberhardt said.
He said Mr Lumsden tripped and fell after Bayldon-Lumsden responded to being threatened during a heated argument by pushing his stepfather back.
Mr Eberhardt said Bayldon-Lumsden feared his stepfather would grab a kitchen knife and kill him, so he placed both arms around his neck and applied a chokehold with the intent of rendering him unconscious.
Mr Lumsden instead turned purple and was unable to be revived.
Mr Eberhardt said Bayldon-Lumsden intended to plead not guilty due to self-defence or preservation of life in an abusive domestic relationship.
Justice Lincoln Crowley noted Bayldon-Lumsden had told police during a nearly three-hour interview that his stepfather had controlled his finances, employment and relationships.
"He told police he was too scared to leave as his stepfather threatened he would report (him) for misconduct in relation to bringing home confidential files on the Gold Coast city council," Justice Crowley said.
Justice Crowley said Bayldon-Lumsden's mother Katrina provided sworn statement that backed up the claims Mr Lumsden had engaged in abusive behaviour.
Police objected to bail on the grounds that Mr Lumsden's autopsy showed extended and significant force had been applied to his neck, resulting in a broken bone and burst blood vessels in his eyes.
Crown prosecutor Matt LeGrand said Bayldon-Lumsden's Google searches two days before the incident showed him researching manslaughter and queries such as "If you kill someone in self-defence, will you go to jail?".
"(The online searches) are not a linchpin for the case but they are relevant circumstantially," Mr LeGrand said.
Justice Crowley said the matter might not go to trial until 2025 and Bayldon-Lumsden was not an unacceptable flight risk.
"I'm satisfied (Bayldon-Lumsden) has shown cause that his continued detention is unjustified," Justice Crowley said.
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