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Independent SA MP Nick McBride Granted Home Detention Bail Amid Assault Charges

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Independent South Australian Member of Parliament, Nick McBride, has been granted home detention bail following 10 days in custody, after facing multiple charges including aggravated assault and breaching an intervention order. Mr. McBride, who denies the allegations, will continue to represent his MacKillop electorate while under strict bail conditions ahead of an upcoming court appearance and the next state election.

Charges and Arrest

Nick McBride, 56, an independent Member of Parliament for the South Australian seat of MacKillop, was arrested on December 27 at Conmurra, located on the Limestone Coast. He was subsequently charged with assaulting a woman and breaching an intervention order. Prior to this arrest, Mr. McBride had already faced three counts of aggravated assault against the same woman on April 10, also at Conmurra, with an additional three charges of aggravated assault laid in October. Some reports identify the alleged victim as his wife. His legal representatives have stated that Mr. McBride denies and disputes all allegations.

Bail Proceedings and Conditions

After 10 days in custody at Mount Gambier Prison, an inquiry report presented to the Adelaide Magistrates Court deemed Mr. McBride suitable for release on home detention bail. His lawyer, Jane Abbey KC, cited special circumstances for bail approval, as required under the Bail Act, including the upcoming state election which his incarceration would prevent him from contesting, his period in custody, and the potential delay of his trial.

Magistrate Roderick Jensen granted Mr. McBride home detention bail, releasing him to a family-owned property in Robe, located between 38km and 75km from the alleged victim's residence and 111km from his electorate office in Naracoorte. Bail conditions include a surety of $5,000, which was less than the $200,000 surety and three guarantors initially offered by his lawyer. Mr. McBride is also prohibited from approaching within 50 meters of the alleged victim's property. The Magistrate emphasized that home detention bail is a stringent form of bail with strict conditions, and any breach could result in a return to custody.

Political Background and Electorate Representation

Mr. McBride secured the Liberal seat of MacKillop in 2018. He resigned from the Liberal Party in 2023, citing frustrations with internal factionalism, and has since served as an independent on the cross bench. He has publicly stated his intention to seek re-election for his seat in the upcoming state election scheduled for March, which will mark his first campaign as an independent candidate. The Liberal Party has preselected Rebekah Rosser as their candidate for MacKillop.

Regarding his ability to represent his electorate while on home detention, Mr. McBride stated that the conditions do not prevent him from attending official duties. He indicated that these restrictions would necessitate a concentrated focus on parliamentary work, primarily from his office in Naracoorte or his home in Robe. He asserted this would allow him to be more dedicated to his electorate compared to other political figures. He acknowledged that some social aspects of his campaign might be affected but stated that overall, he does not anticipate significant changes to his responsibilities. Mr. McBride's electorate covers over 34,000 square kilometers, extending from Millicent to Tailem Bend. He further stated that his court appearances would only occupy three days of his schedule.

Political Reactions and Broader Context

Mr. McBride dismissed calls for his resignation from former Liberal Party colleagues, including Opposition Leader Ashton Hurn and federal MP Tony Pasin, suggesting these calls were motivated by a desire to simplify the electoral contest for the Liberal Party. Liberal MLC Ben Hood questioned Mr. McBride's ability to effectively represent his community while under home detention, despite Mr. McBride's clarifications regarding his bail conditions.

Premier Peter Malinauskas commented on the unusual nature of Mr. McBride's situation, emphasizing that the residents of MacKillop are entitled to representatives who can fully concentrate on their communities' interests. He referenced the situation in Mount Gambier, where former MP Troy Bell is serving a prison sentence, resulting in the seat being without an elected representative after the Speaker opted against a by-election.

Mr. McBride is scheduled to return to court on January 30 to address both the new charges and the six prior charges.