A magistrate has said a police case into an alleged domestic violence assault has serious problems and released the accused on bail.
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Warrawong man Kyle John James Tilley, 22, is accused of assault occasioning actual bodily harm, aggravated break and enter and commit serious indictable offence, damaging property, intimidation, larceny and contravening an apprehended domestic violence order.
In granting Tilley's application for bail on Monday, Magistrate Claire Girotto acknowledged there were issues in the prosecution case.
Police allege Tilley broke into his former partner's home on May 22, threatened the woman, hit her in the face and then stabbed himself multiple times in his stomach.
Tilley, appearing via video link in Wollongong Local Court, denied ever entering the Berkeley home and said the victim was making the accusations up.
To prove this, Tilley lifted his shirt to show his torso and a lack of any visible marks on his abdomen where police allege he stabbed himself. The only markings were from an extensive tattoo on Tilley's lower torso.
Magistrate Girotto said Tilley could have been motioning towards his stomach with the knife without stabbing himself, leading the victim to believe he had been stabbed, however acknowledged the case presented by police that Tilley had stabbed himself was unlikely.
"We can see less than two weeks [after the alleged offence], there's no evidence of wounding to the stomach. If that's accepted then there's a whole dark cloud over the entire story," defence lawyers said.
Police prosecutor, Sean Thackray, also showed Wollongong Local Court video of the victim after the alleged assault, but Magistrate Girotto said there was little evidence of a black eye.
Also at issue was allegations Tilley broke a window at the victim's home. Mr Thackray showed images of the broken window to the court and said this, along with the victim's statement and the absence of a hard drive connected to CCTV cameras, made for a substantial case.
"There's a strong case that he was there," Mr Thackray said.
Magistrate Girotto granted Tilley's application for bail, on the condition he remain at his mother's house in Warrawong and only leave in the company of his mother.
The case will next be heard on July 27.
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