NEW DETAILS: Alleged Nanango brother killer free on bail
BAIL has been granted to a Nanango man charged with manslaughter, after an alleged fight between two brothers resulted in an untimely death.
Gregory Jason Krause, 48, appeared before Kingaroy Magistrates Court from jail via video link, having spent 240 days in custody.
Krause's defence lawyer Mark Werner said this is the second time the defendant has applied for bail, with the first request being rejected on the grounds he could interfere with the witnesses before the case stands trial - with all being members of his own family.
Mr Werner said his client also suffers from medical issues, including depression and anxiety, and it will be a significant amount of time before his case reaches trial in the Supreme Court, perhaps even the end of next year.
Reading the details of the QP9, Mr Werner proceeded to show cause as to why his client should be released on bail, noting a potential case for self-defence and questioning whether the cause of the brothers death was a direct result of the assault.
The deceased and Krause, their parents, as well as his sister and her daughter were living together at the time of the incident. According to the QP9, Krause had been asleep on the couch when he heard voices coming from the other side of the house.
"The voices were his sister, his niece, and his brother. He was worried because of the aggressive tone and the agitation," Mr Werner said.
"Mr Krause went downstairs to see what was happening, and noted the deceased had been aggressive to all occupants of the house. He believed he was on an ICE bender due to his behaviour and the death music he'd been listening to. He's also been threatening to kill people in the house."
Mr Werner said there was an argument about the deceased person's behaviour and the defendant asked him to leave.
"He turned and went back to his bedroom. He was rolling a cigarette and the deceased person came up behind him and king hit him in the back of the head."
Krause then claims to have turned and punched the aggrieved in the face, causing a broken nose and a cracked eye socket, causing bleeding from both areas.
"Obviously, self-defence is raised immediately. He was assaulted and he simply defended himself."
The aggrieved was then taken to the hospital where his injuries were treated. According to Mr Werner, "this is where the matter runs into a difficulty for the Crown in proving the manslaughter".
Mr Werner said the deceased person told medical staff his brother had punched him in the face and pushed him into a wall. His mother, who is a witness, said he also fell into a china cabinet and that he'd been using amphetamines for the previous four days.
The coroner's report notes 15 different drugs in the deceased persons system at the time of death, including amphetamine, methylamphetamine (ICE), diazepam (Valium), nordiazepam, temazepam (Restoril), codeine, as well as various other hospital administered drugs.
"Because of his behaviour in the hospital and fear for the hospital staff, he was then given a very significant drug to calm him down, which was called Droperidol."
"He was stable in the hospital, the bleeding had stopped, he'd calmed down. But after being given Droperidol, about 10 minutes later his heart stopped."
"Droperidol comes with a black box warning. Injecting Droperidol has a warning concerning QT prolongation and something called Torsade de Pointes. This is a specific type of heart rhythm that can lead to cardiac death."
"The symptoms are heart palpitation, dizziness, light-headedness, fainting, and sudden death, which coincidentally are the symptoms that he exhibited at the hospital."
Referring to the autopsy report, Mr Werner said the injuries alleged are to the head, which is to the ridge of the nose and extending to the eye socket. There was no bleed to the brain, however there was swelling to the brain.
In terms of bail, Mr Werner said his client has not committed any criminal code offences since 2010, and is hence not at risk of committing further offences. His criminal history prior to this date, however, is quite extensive, he told the court.
Police prosecutor Barry Stevens said due to the severe nature of the charge, Krause may be a potential flight risk due to the possible outcome of the trial.
Magistrate Barry Barrett said "while the nature of the charge is high, but it doesn't mean bail is beyond him."
Krause was granted bail under the condition he not contact any of the witnesses, meaning he must avoid several members of his own family.
His case will be heard before the Supreme Court at a date yet to be determined.