The legal aid solicitor for a man accused of randomly attacking a young woman in Scone last weekend has questioned how his client was identified by police.
Mark Diggins told Singleton Local Court yesterday that 26-year-old Nicholas Daota is one of many Solomon Islanders at his workplace who looked similar.
Magistrate Kevin Hockey agreed there is some question over the identity of the person responsible for the attack which may not be determined until forensic testing is completed.
The accused is in the Upper Hunter on a working visa with a wife and two children back home whom he sends money back home for.
Mr Diggins said Mr Daota promised to abide by a number of conditions if released on bail including abstaining from alcohol, reporting to police daily and abiding by a strict curfew.
But Magistrate Kevin Hockey refused the bail application for 26-year-old Nicholas Daota saying the risk to the community was too great.
The matter will be listed for mention again next month.