A South Coast police officer accused of “choking” and “assaulting” his partner in the family home in front of a child will contest the charges, a court has heard.
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Luke Stanley Jay, 32, of Tomakin, faced Batemans Bay Local Court on Monday, December 17, charged with intentionally choking a person with recklessness, common assault and two counts of assault occasioning actual bodily harm.
Police allege Jay assaulted his partner three times between June and October 2018 at their Tomakin home.
Police said there appeared to be “ongoing domestic violence issues surrounding the accused”, in which the victim was injured.
Defence solicitor Adam Sumbak said Jay “very firmly denied” the allegations and suffered mental health issues, including PTSD, for which he was receiving treatment.
The Office of the Director of Public Prosecutions on Monday opposed a defence application to change the conditions of a provisional Apprehended Domestic Violence Order (ADVO).
Defence solicitor Adam Sumbak said Jay “very firmly denied” the allegations.
Mr Sumbak argued that a condition of the order, which concerned contact with Jay’s children, was “entirely inappropriate”.
However, the Crown argued most of the conduct was alleged to have occurred “in the family household with children present”.
“One of the children is a witness to the allegations,” the Crown said.
“The DPP is seeking no contact be allowed with any of the children.
“There are still concerns of risk given his criminal offending throughout treatment.”
Magistrate Doug Dick rejected the Crown’s argument and said changing the conditions of the ADVO would have “no effect” as Jay would still not be able to contact his partner or children unless through a lawyer.
Mr Sumbak said the charges were being negotiated and expected to enter pleas at the next court mention.
The matter will return to Batemans Bay Local Court on January 14, 2019.