Prosecutor Ellen Dando said the issue arose upon a “very, very” strict read of the bail conditions, but agreed with Magistrate Robert Williams it was not something he needed to consider and the application was withdrawn.
Mr Hopoate is due to be sentenced on August 19 on two counts of domestic violence-related assault, one count of assault, two counts of intimidation with intent to cause fear of physical or mental harm, and one count each of driving while his licence was suspended and mid-range drink-driving.
Police facts seen by the Herald on Thursday allege Mr Hopoate and Ms Beathe had been having dinner at the Port Macquarie club when he went to the gaming area and kept drinking.
Ms Beathe approached her partner after messages telling him it was time to go home were ignored, and they “began arguing”.
“At one point the accused bent the victim’s key card and threw it on the ground,” the papers allege. “A security guard stepped in to try and calm the situation down but the accused spat at the victim with the spittle hitting the victim and the security guard.”
Mr Hopoate was asked to leave. Upon seeing his partner being escorted by security guards, he allegedly walked “briskly” towards them and yelled, “What are they going to do. I will bash them.”
The police facts allege Ms Beathe was “seen cowering from the accused as he was yelling at her” and Mr Hopoate struck her in the face with an open right-hand palm.
“The strike was down with such force that it sent the victim stumbling backwards and caused her to fall to the ground some distance from where she had been hit,” the documents state.
Mr Hopoate, captured on CCTV footage, allegedly “got into his car and sped away”.
He was later stopped outside the local hospital, where Ms Beathe had been taken to be checked over after he was seen “driving slowly past the entrance” in a white Holden SUV.
Mr Hopoate was arrested for domestic assault and allegedly returned a positive breath test. Police say his blood alcohol reading, from a further breath analysis test, was 0.095.
Mr James on Thursday told the court the assault matter was not ready for sentence as Mr Hopoate’s “incarceration and the COVID situation” had delayed some subjective material from being gathered. His lawyers will next month confirm whether the facts of the case have been agreed.
Mr Hopoate was granted bail on July 2 but released from Parklea Correctional Centre this week, with a pre-release condition being a $200,000 surety from his brother, Bulldogs NRL star William Hopoate.
Jamil Hopoate has been charged with supplying more than a large commercial quantity of prohibited drugs, after he allegedly collected eight one-kilogram blocks of a substance from a truck parked in Pagewood in May.
Police had switched the blocks to a dummy drug after Australian Border Force intercepted a shipment of toolboxes from the UK which allegedly contained 514 kilograms of cocaine.
Barrister Greg James, QC, had argued in the Supreme Court the problem with his client’s charge, under the NSW Drug Misuse and Trafficking Act, was that “there’s no drugs”.
Crown prosecutor David Laird had submitted it was “demonstrably obvious” Mr Hopoate was seeking a “prohibited drug inside this truck”, having received some sort of communication to be in that location and then throwing the backpack away the moment the police turned up.
Mr Hopoate’s strict bail conditions include not leaving the house unless in the company of his father, mother or brother William, and only then to attend court, for pre-arranged conferences with his lawyers, medical emergencies or reporting to police.
The magistrate on Thursday adjourned the drug case to Downing Centre Local Court on July 29.
National Sexual Assault, Family & Domestic Violence Counselling Line: 1800 737 732.
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