Robert Dwayne Shaw: DV-accused who unsuccessfully sought the court be closed for his hearing, gets bail

A Kalgoorlie-Boulder man who unsuccessfully sought to have the court closed when he appeared on domestic violence charges has been released on bail but will be electronically monitored. Robert Dwayne Shaw, 51, did not enter pleas to the charges of breaching a family violence restraining order and aggravated common assault when he appeared in Kalgoorlie Magistrates Court on Thursday via videolink from Eastern Goldfields Regional Prison. The Aboriginal Legal Service lawyer representing him first asked for the court to be closed, with magistrate Donna Webb asking what the reasons were for the request, noting “embarrassment” was not a reason. She then told Mr Shaw he would need to make a formal application for the court to be closed and she could stand the matter down to allow time for that to be done, but he spoke over the link to say he did not want that. A bail application was launched on his behalf, but the prosecution flagged Mr Shaw was in a Category A situation because of his charges, and any grant of bail would need electronic monitoring in place. The lawyer disagreed, stating he did not believe that was the correct interpretation of the law, and Ms Webb stood the matter down to later in the list for considerations to be made. The details of the allegations against Mr Shaw were read before the matter was stood down, with police accusing him of breaching the family violence restraining order he was served with on March 10, protecting his ex-wife of 18 years. Four days after the FVRO was served, Mr Shaw allegedly entered the protected person’s bedroom to use her bathroom and when he was told to leave, he allegedly punched her in the shoulder, causing pain. Four hours later, Mr Shaw allegedly returned to her room, intoxicated, and questioned who she was on the phone with before punching her in the head. The prosecution alleged he later told police “I was stupid, I know I messed up”. The court was told Mr Shaw had been living in the same home as the protected person, with the FVRO conditions requiring him not to behave in an intimidatory, offensive or emotionally abusive manner to her. After the matter was stood down and recalled, Ms Webb granted Mr Shaw bail with a 7pm to 7am curfew, but did not impose a condition he not consume alcohol, suggested by the prosecution, due to health concerns. “If we make him go cold turkey, we run the risk his body will shut down,” she said. However, Ms Webb warned him not to leave his house if he was drinking and not to get “fall down drunk” or he would breach his bail and she would lock him up. He was not to be released on bail until electronic monitoring was set up, and the matter was adjourned to next month. 1800 RESPECT (1800 737 732)