20 July 2022

Muay Thai championship training knocked back as 'special circumstance' for bail

| Claire Fenwicke
Felicity Loiterton

Felicity Loiterton has been denied bail in ACT Magistrates Court. Photo: Instagram.

A 28-year-old woman has had her bid for bail knocked back a second time after her legal team unsuccessfully argued she needed to train to defend her flyweight title in Muay Thai.

Felicity Marie Loiterton has been charged with multiple offences stemming from a police raid on her Kaleen home where replica weapons, ammunition and drugs were allegedly seized.

As a result of the search warrant, she was charged with trafficking a controlled drug other than cannabis, possessing prohibited firearms, possessing a drug of dependence, four counts of possessing a prohibited weapon, two counts of possessing ammunition and unauthorised possession of a prohibited dangerous substance. She was on bail at the time for other alleged offences.

Her legal representative applied for bail, arguing Ms Loiterton was the Australian Muay Thai champion (flyweight) and needed to defend her title later this year.

“She is very motivated to defend her 2019 title,” her lawyer said.

The championship was not held in 2020 or 2021 due to the COVID-19 pandemic.

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Ms Loiterton’s lawyer argued the 28-year-old needed to train for at least “three hours each day” in preparation.

She also said Ms Loiterton’s potential living circumstances had changed, so that she could now be “closely supported by people who have nothing to do with drugs or guns”.

It had been arranged for Ms Loiterton to stay with family in Kaleen, who had “no hesitation” to “kick her out” and report her to police if she breached any bail conditions or used drugs.

Other arguments made were that the trafficking allegation against Ms Loiterton relied on a “small bag” of a white crystalline substance, she had shared custody of two children, the potential delays in the hearing date and that it was “very likely” she would be sentenced “by way of non-time-custodial sentence”.

Fighters at weigh-in

Felicity ‘Flip’ Loiterton (left) at weigh in for the 2019 Flyweight Australian Title. Photo: Instagram.

Prosecutor Julia Churchill disagreed, arguing it was “not unusual” for defendants to need to care for children, and that a change of address was not a “special circumstance” for bail.

She also questioned how closely Ms Loiterton could be supervised by her family members “at all times of the day”, especially given she would be training.

Ms Churchill argued there was no “inordinate delay” in when Ms Loiterton’s case could be heard, and said entering pleas would “speed up” that process.

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When considering granting bail under special circumstances, Magistrate Lorraine Walker explained the court needed to be satisfied there was “something out of the ordinary” with a person’s case.

She said she was concerned about the “increasing number and seriousness” of the charges before the court, especially because some had allegedly been committed while Ms Loiterton was on bail.

Magistrate Walker also addressed the argument Ms Loiterton couldn’t expect jail time as a result of her alleged offending, saying “I don’t share that confidence”.

As a result Ms Loiterton’s bail was refused, with her next hearing scheduled for 1 August.

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