A former soldier accused of running a “sex cult” in regional NSW, in where he lived with six polyamorous partners, has been pictured for the first time as he asked for his bail to be relaxed.
James-Robert Davis fronted Sydney’s Downing Centre Local Court on Wednesday for the first time since he was released on bail in December, ending his time behind bars on remand after almost 21 months.
He was arrested in March 2021 and is facing 40 serious offences related to the alleged House of Cadifor cult near Armidale in northern NSW.
Lawyer Gemma Ridley on Wednesday asked the court to amend Mr Davis’ bail conditions so he no longer had to abide by the house arrest rule.
“The condition currently is total house arrest, the only exception is he can attend conferences at my office and a medical emergency,” Ms Ridley told the court.
“What is sought is the imposition of an overnight curfew … he is subject to an ankle monitor bracelet already.”
The court heard Mr Davis had complied with all conditions since he was released from custody, and has not had any breaches.
Ms Ridley told the court bail was originally granted when the hearings were expected to go ahead in February and April, but they have since been pushed back to September and October.
The court was told the matter has seen “quite a few issues” and it was a disadvantage for Mr Davis to be on such onerous conditions for so long.
“When the bail conditions were set … it was for a finite period for 11 weeks,” Ms Ridley told the court.
“Supreme court in imposing the conditions envisioned he would be on onerous strict house arrest with an ankle monitor for a short time.”
The court heard Mr Davis currently lives with two other people as part of his bail conditions, who take turns in accompanying him to report daily at his local police station.
“Not only is he with the ankle monitor at home on house arrest, he also has to be accompanied by them,” Ms Ridley said.
“It’s not up the road, it’s a 40km round trip … the residents he lives with both work long jobs from 5am to 5.30pm.”
The court was told one of the men who accompanies Mr Davis to the police station is undergoing surgery, so the responsibility would fall to his son.
Ms Ridley said the young man is sacrificing the time in his day that would be otherwise used to work overtime, see friends, or go to the gym.
“The Supreme Court was being cautious; Mr Davis has proved he can comply with these very very strict conditions,” she said.
DPP prosecutor Kate Owens told the court she opposed the application.
She told the court when Mr Davis was granted bail in the Supreme Court, the court “noted unacceptable risks”, saying “home detention was necessary”.
Ms Owens said Mr Davis’ risk to the community was now “prolonged” as the matters had been pushed back a number of months.
Magistrate Daniel Covington said he accepted the matter had prolonged but in his view said it was an “increase in the risk” of breaching bail.
“When I consider the factors and submissions … in my view they don’t amount to special facts or circumstances,” Mr Covington said.
He refused to hear the bail application.
The ex-Australian Defence Force soldier was originally facing three charges over allegedly keeping a woman in sexual servitude, but the charges were withdrawn six months later.
He has since been hit with a total of 40 charges.
The court heard Mr Davis is facing a number of matters in both the Local and District Courts.
The Local Court charges are related to the allegations of four women and include multiple counts of assault occasioning actual bodily harm, intentionally distributing an intimate image without consent and intimidation.
The court previously heard the allegations occurred in the “context of a highly sexualised relationship in the BDSM and kink community”.
Ms Ridley told the court the brief of evidence served by police was “enormous”, including eight terabytes of material.
Mr Davis is set to face two hearings in September and October in relation to 13 charges.
The first hearing will look at three counts of intentionally distribute intimate images without consent, while the second will fight five counts of common assault, three counts of assault occasioning actual bodily harm and two counts of intimidation. He has pleaded not guilty to all charges.
As part of his bail conditions, Mr Davis is subject to home detention with an ankle-bracelet and cannot access any complainants or witnesses in the case.
The former prison guard is also facing 26 charges before the District Court, including sexual intercourse without consent and torturing an animal.
He is also charged with illegally possessing prohibited firearms and ammunition and has pleaded not guilty. He is due to face trials in April and May.
ncG1vNJzZmivp6x7r7HWrGWcp51jrrZ7zZqroqeelrlwutKwZJqbpGSwsMHRrapmpJGsfKK4y56enpxdl7G0uYysnLFlk6q5tXnLnpidnaJiwKaxzWadqKpdm7azv9Nmq6KllWLAqrrCnmSbnZmjtG6z0ZqlrZ2UYq%2BitctopZ6vo2LAtbvRsmZpa2dts6KFwJxrb2lnbIV2f8VpmHKdYmixd4LDa2qebA%3D%3D