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The Canberra Times
The Canberra Times
National
Blake Foden

'More questions than answers': Killer refused bail over alleged vigilante choking

Danny Klobucar hugs a supporter outside court in 2016, when he was found not guilty of murder by reason of mental impairment. Picture: Jamila Toderas

A killer obsessed with paedophiles has been refused bail over his latest alleged act of vigilantism after a prosecutor "coughed up" medical records relating to a man the defendant is accused of choking.

Special magistrate Margaret Hunter found the alleged victim's injuries to be consistent with his version of events as she denied Danny Klobucar's latest bid for conditional freedom on Wednesday.

Klobucar, 34, has been behind bars on remand since May 31, the day after he allegedly wrapped an arm around a Conder man's neck and choked him unconscious while asking "how do you like that?"

Police claim the unemployed Wanniassa resident was motivated by a belief the alleged victim had burnt a two-year-old boy's leg with a cigarette.

Klobucar has a history of attacking people he suspects of child abuse, having brutally beaten Miodrag Gajic to death in Phillip in January 2014 while wrongly convinced the 71-year-old was a paedophile.

He was later acquitted of a murder charge after a jury found he was mentally impaired at the time.

Danny Klobucar outside court during his murder case. Picture: Jamila Toderas

In relation to the May incident, Klobucar has pleaded not guilty to charges that include choking a person unconscious or insensible.

Defence lawyer Jacob Robertson made a third application for bail on the 34-year-old's behalf on Monday, arguing a change in circumstances or fresh evidence warranted Klobucar's release from jail.

Mr Robertson told the court the prosecution had served him with its brief of evidence, which contained a witness account that was inconsistent with what the alleged victim had told police about the incident.

He noted that Klobucar's mother had already given sworn evidence that contradicted the alleged victim's version of events, which he argued was not supported by any medical evidence.

Prosecutor Lewis Etheredge countered that the new witness account in fact supported the case against Klobucar, arguing there was no change in circumstances or fresh evidence that would warrant bail.

Ms Hunter decided to think about the matter for a few days before making her decision, adjourning the matter until Wednesday and indicating she would likely grant bail if Mr Etheredge did not "cough up" medical records relating to treatment the alleged victim received after the incident.

On Wednesday morning, Ms Hunter said those records had been provided and she had "carefully examined" them and other documents.

"I wanted to see if there was evidence consistent with the version of events of the complainant," she said.

Ms Hunter ultimately found there was, saying the alleged victim's injuries included bruising to the neck.

The magistrate added that the new witness account left "more questions than answers" about what had happened, but that was a matter for Klobucar's upcoming hearing and not a bail application.

"Credibility of a witness is a common issue at trial," Ms Hunter said.

"This is not a fact-finding mission to find where the truth lies."

Having ultimately found there was no change in circumstances or fresh evidence that warranted the granting of bail, Ms Hunter remanded Klobucar in custody until his hearing on September 23.

Klobucar is set to defend the choking charge, as well as an allegation of possessing a drug of dependence, on that day.

Two further charges of unlawfully possessing stolen property, to which he is yet to enter pleas, are also scheduled to be mentioned on that occasion.

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