Blake Davis, who was charged with murdering rapper Jett McKee (AKA Scepaz) in August has been granted bail.
Justice Stephen Rothman granted Mr Davis bail after a “pathetic” prosecution case was put forward to keep him behind bars during the trial, ABC reports.
Mr Davis’ bail was granted with a $493,000 surety, with Justice Rothman ruling that there was nothing to suggest that he was about to commit another murder.
Jett McKee was killed after invading the Forest Lodge home
When asked why the accused posed a risk to the community, prosecutor James Ly offered that “Just he’s been charged” as an indicator.
“I do not accept there is a risk of a failure to appear in court or to commit a serious offence,” said Justice Rotham, adding that “quite frankly I find that (the prosecution) pathetic.”
Mr Davis and his girlfriend Hannah Quinn have both been charged with the murder of Mr McKee with a Samurai Sword after Mr McKee invaded their Forest Lodge home in Sydney in August.
Police at the scene of the killing in August
Police allege that Mr McKee broke into Mr Davis and Ms Quinn’s home and demanded money, telling Ms Quinn that”I will shoot you. There are lots more people like me who will shoot you.”
Mr McKee reportedly then punched Mr Davis in the face before running down Hereford Street with Ms Quinn’s bag.
Ms Quinn then pursued Mr McKee and tackled him to the ground, before Mr Davis caught up to the pair and killed Mr McKee with the sword.
Mr Davis’ lawyer Philip Strickland told the court that due to mental health issues, it was imperative that Mr Davis is granted bail in order to appropriately be prepared for the trial.
“This is a man who has never been to jail and for the very first time is facing a murder charge, so [the] ability to present himself properly is critical,” said Mr Strickland.
The defence argued that Mr Davis was acting in self-defence, alleging that Mr McKee perceived a “very live threat” to Ms Quinn during the street-fight.
Mr Davis was granted bail today
Mr Davis’ bail conditions require that he live in the Blue Mountains with his mother, wear a police tracking device and report daily to authorities.
Ms Quinn was granted bail a week after the attack, and the couple is allowed to have contact with each other.
Mr Davis will face court in January.