Brandon McFall is on remand in the Invercargill Prison on eight driving charges, two charges of unlawful possession of a weapon, possession of methamphetamine, two charges of theft of a motor vehicle, one charge of unlawfully taking a motor vehicle, breach of intensive supervision conditions, receiving and burglary.
Yesterday, counsel Sonia Vidal applied to the court to seek compassionate bail for McFall to attend the funeral of his niece, 4-month-old Hope Elizabeth Wallis McFall-Schultz, who died in Starship Hospital last week.
Her death is being treated as a homicide by Invercargill police.
While the Crown opposed the bail, Judge Jim Large granted McFall’s attendance at the funeral on strict conditions adding that the baby’s death was tragic.
McFall had to be GPS monitored from the time he left the prison at 9.45am until he was returned by 12.15pm, he was to be transported to the funeral and back to the prison by Ms Vidal and would be accompanied by the prison Catholic chaplain Jeffrey Low at all times.
He was not to consume alcohol or drugs during his release.
However, the matter was urgently recalled at 4.45pm with Ms Vidal seeking an amendment to the bail conditions after Corrections changed its position on being able to provide GPS monitoring.
Ms Vidal requested the GPS monitoring part of the bail condition be removed.
Judge Large declined the amendment to the bail application.
"I said to Mr McFall this morning that if GPS tracking could not occur, I could not grant bail. I have not shifted from that position."
