Although police argued against bail for the man, Michael Downey, on the grounds he had an extensive criminal history involving drugs, assault and property theft, solicitor for the accused Andrew Rolfe said there was a question over whether or not the man had actually committed any crime.

He said he could find no reference in the police facts relating to the charges against his client that indicated he had a can of soft drink in his possession when arrested.

Mr Rolfe said however when CCTV footage has been obtained into the incident it would give defence a clearer picture of how to proceed in the case against the man.

“It may be my client was unfairly detained because of the actions of an employee,” Mr Rolfe said.

“On the first reading of the facts there seems to be a problem.

“The case is not necessarily as strong as it would appear at first viewing,” he said.

“But this will need to be investigated down the track when police produce CCTV footage,” Mr Rolfe said.

Acting registrar Ailsa Ryder decided to grant bail to the accused based on strong conditions imposed by the court.

The accused must live with his mother in Orange and report to police on a daily basis between 8am and 8pm.

As part of his bail conditions he was also ordered not to have any contact with the premises involved in the allegations.

The accused will return to court on October 16 to answer the charges.

He did not enter a plea during yesterday’s bail hearing.