A man who was allegedly wrongly arrested has been released on bail.
A man who was allegedly wrongly arrested has been released on bail. Trevor Veale

Cops put man in custody without arrest, court hears

A MAN who was allegedly wrongly arrested and spent three months behind bars has been released on bail.

Gregg Edward Haywood appeared at the Bundaberg Magistrates Court for assaulting and obstructing a police officer, but defence lawyer Edwina Rowan said police had put her client in an avoidable situation.

"The charges are contested," Ms Rowan said.

"I would question whether he was being dealt with in a lawful manner."

The court heard police visited Haywood's house to serve a notice on him, but ended up placing Haywood in the back of the police vehicle, allegedly due to his level of intoxication.

"The issue is the manner in which he was dealt with," Ms Rowan said.

"Police told him he was not under arrest but he was placed in the back of the police vehicle and the door closed so he couldn't get out.

"Was there any lawful authority for police to have done that? For the alleged incidents then took place."

Haywood was on parole at the time of the alleged offence, so when the incident took place he was then remanded in custody.

The defendant had been in custody since the time of the offence on October 31, serving some 120 days in pre-sentence custody.

"His revised parole date became February 10 and he's not subject to any period of parole now that he's on remand," Ms Rowan said.

"Even if he was found guilty on these charges before the court it's unlikely he'll be ordered to serve any further time in prison."

Ms Rowan said it was conceded her 54-year-old client's history was extensive, however dated.

Acting Magistrate Neil Lavaring agreed with Ms Rowan saying while there were many more serious entries on his history, they were some 20 years old.

A bail objection was submitted by prosecution but Senior Constable Grant Klaassen said he did not request conditions be placed on Haywood's bail.

Haywood was released from custody and his matters were adjourned to April 11.