By ERWIN CHLANDA
“It was common ground between the prosecution and the defence during the course of the bail application that XR was not the person in possession of the metal fridge handle which caused the injury to the infant, and was not the person who caused that injury.”
That was part of a four page statement issued today by Chief Justice Michael Grant about a 17-year-old he called XR.
The boy was on remand in relation to 10 sets of charges.
Justice Grant (at right) writes: “The most recent episode of alleged offending on 11 December 2024 involved the unlawful entry of residential premises in Alice Springs during which an infant suffered a fractured skull.”
This month XR was successful in obtaining bail to attend his grandfather’s funeral on February 19 at Lajamanu (pictured at top) during which he absconded but was soon apprehended.
The injuring of the child caused a national and international media storm, some reports falsely attributing the alleged crime to XR.
Some journalists’ interest in the story was clearly heightened by the fact that XR was taken to Lajamanu in a charter aircraft, at public expense, and accompanied by several officials.
“Some of the commentary and criticism misunderstands the considerations that the courts are required to take into account when determining whether to grant compassionate bail to youths on remand, the circumstances in which compassionate bail was granted in this case and the conditions to which the grant of bail was subject,” the Chief Justice writes.
“XR came from a disadvantaged background and has diagnoses of Foetal Alcohol Spectrum Disorder and Attention Deficit Hyperactivity Disorder.”
The grandfather “had been the only significant father figure for the majority of XR’s life.
“The conditions of bail did not include any requirement for electronic monitoring [which] for a period of approximately six hours would not have been practicable.
“In any event XR was apprehended shortly after he absconded without the assistance of electronic monitoring.”