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Double murder accused Chris Kahui has avoided going back to prison to wait for his trial after he was accused of breaching bail conditions imposed less than 36 hours earlier.
Kahui, who is facing charges he murdered his twin three-month old sons Chris and Cru last year, was arrested last night on charges of breaching two bail conditions by drinking and associating with young children without supervision.
However, a judge refused to remand him in custody today when his lawyer Lorraine Smith said he denied breaching his bail conditions.
She told Judge Roy Wade in Manukau District Court that Kahui did everything he could to avoid breaching his bail but admitted taking a swig of beer.
Judge Wade said because the police and Kahui had different views, he would stay on bail until a disputed facts hearing when evidence would be called to establish what had happened.
Kahui had been remanded on bail on Wednesday at a depositions hearing after Judge Wade found a prima facie case had been established and ordered him to stand trial in the High Court for murder.
The two bail conditions he was charged with breaching were that he did not drink alcohol and did not associate with children under 12 without the supervision of his pastor.
Crown prosecutor Simon Mount told the court today Kahui was arrested at an Auckland address where he had consumed beer and where there were two young children.
When a member of the household came home he demanded to know why Kahui was there when the children were there, and a domestic row had broken out between two people in the house. A man had since been arrested and charged with assault.
Ms Smith told the court Kahui denied the breach and said he had gone outside when a young child had come into the room so he would not breach his bail conditions.
Mr Mount said the Crown opposed bail because Kahui had already breached his bail conditions twice before he was arrested.
The first time he failed to report on Queen's Birthday Monday because he thought it was a public holiday and did not have to, and the second time he was asleep when police called and did not hear them knocking.
He said Kahui was on a final warning after his first two breaches of bail.
Outside the court after the hearing today, Lorraine Smith said Kahui was "very, very, very upset - very upset."
She said he had taken a swig of someone else's beer because he had been under huge stress from the charges and the murder depositions.
She said the next hearing to decide if he had breached his bail would be a fortnight away.
"There are statements to be taken, it has got to be done properly," she said.
- NZPA
