A 48-year-old man was in breach of his bail and liable to arrest for a week before he allegedly murdered a Reedy Marsh man and wounded his wife last year.
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Robert Harold Gerard allegedly murdered former Parliamentary driver Michael Hawkes and wounded Judith Ann Hawkes by hitting her on the head with a club on January 12, 2021.
READ PART TWO HERE: Alleged murderer Gerard was released on bail after violent stabbing charge
Gerard was in breach of bail days before the murder, after his mother Anna Gerard withdrew bail surety.
On January 13, crown prosecutor Peter Sherriff confirmed in a hearing that Tasmania Police had served Gerard with the bail revocation on January 8.
Gerard was not arrested by the police for breach of bail on January 8.
The Examiner asked Tasmania Police why Gerard was not arrested at that time.
"As this matter is now subject to a Coronial investigation police are unable to provide comment," a spokesperson said.
The Examiner can reveal the tragic outcome of the handling of Gerard's crimes because Gerard died in Risdon Prison in May.
The Director of Public Prosecutions lodged a notice in the Supreme Court in Launceston on July 25 saying his cases would not proceed.
Gerard received bail in the Supreme Court on March 10, 2020 - five weeks after inflicting a horrendous injury to a man on January 29, 2020. Three magistrates had remanded him in custody when he appeared in the Launceston Magistrates Court .
However, when his mother Anna Gerard lodged a $500 promissory recognizance he was given bail by Justice Robert Pearce with conditions including one that he live at her home in Norwood.
"If you are worried about your son not complying you better tell the police about it," Justice Pearce said.
Nearly a year later on January 5, 2021, Gerard's mother filed an application to withdraw as bail surety and a hearing was held in the Supreme Court before Justice Stephen Estcourt on January 6, 2021.
Mr Sherriff said he had read Mrs Gerard's application and he sought an order that she be released from the recognizance.
"Pursuant to the application, which I've read, it is apparent that there have been some difficulties there," he said.
"As a matter of practicality that would immediately put Mr Gerard in breach of his bail," Justice Estcourt said.
Mr Sherriff agreed but said that he had filed an application revoking Gerard's bail and was hoping to have it heard on January 13.
However, Justice Estcourt said that he could do it sooner than that.
Mr Sherriff told him he needed to serve Gerard with the revocation notice.
"I understand that but I mean if it were the case that somebody was going to arrest him this afternoon I would say well we could deal with it on Friday [January 8]," Justice Estcourt said.
He made an order that under section 27 of the Bail Act that Mrs Gerard was released from her recognizance and set a date of January 13 for formal revocation.
In the hearing on January 13, the day after the murder of Mr Hawkes, Mr Sherriff confirmed that Tasmania Police had served Gerard with the bail revocation on January 8.
"In the absence of any application I should formally revoke bail, should I not," Justice Estcourt asked.
"Yes you may," Mr Sherriff said.
"Well the applicant was automatically in breach of his bail when I released the surety," Justice Estcourt said.
Mr Sherriff agreed but said that in fairness to everybody he sought to have him [Gerard] served with a formal notice of it and it was served on Friday [January 8].
"Served by police"," Justice Estcourt asked.
"That's right," Mr Sherriff replied.
Mr Sherriff informed the court that he had been told by Tasmania Police that Gerard was wanted on an unrelated and subsequent matter [the murder and wounding of the Hawkes'].
Justice Estcourt confirmed that he was in breach of his bail and adjourned the case to a date to be fixed.
The court heard that Gerard's defence counsel Greg Richardson had been unable to contact him.
Nick Clark
I am the Supreme and Magistrates Court reporter for The Examiner. My journalism career has clicked over 34 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for The Examiner. My journalism career has clicked over 34 years and encompasses four different spells at Tasmanian newspapers.
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