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Patrick Cronin's parents have 'grave concerns' after man accused of his murder gets bail

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Adam Cooper

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Patrick Cronin remembered at footy club

With a 33-year-old man taken into custody this afternoon, Patrick Cronin's family talked about their son at Lower Plenty Football Club Tuesday afternoon. Vision courtesy Seven News, Melbourne.

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Patrick Cronin's parents say they have "grave concerns" about a Supreme Court judge's decision to grant bail to the man accused of murdering their teenage son with one fatal punch.

Andrew William Lee, 33, is alleged to have struck Mr Cronin from behind at the Windy Mile hotel in Diamond Creek on the night of April 16. 

Mr Cronin, 19, left the hotel with friends afterwards but was taken to hospital the next day and died on April 18.

Patrick Cronin's parents Matt and Robyn speaks to the media outside the Supreme Court after Andrew Lee was granted bail.

Patrick Cronin's parents Matt and Robyn speaks to the media outside the Supreme Court after Andrew Lee was granted bail. Photo: Eddie Jim

Mr Lee's lawyer on Thursday questioned the strength of the Crown case during his client's bail application, and said his client never intended to punch Mr Cronin, and was instead trying to hit the teenager's friend.

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"To put it bluntly, this is not a case of murder ... and it never will be murder," defence counsel Mark Gumbleton told Justice Karin Emerton.

CCTV footage played to the court showed an altercation between Mr Cronin's friend and two of Mr Lee's friends, and punches exchanged. 

Solicitor  Zarah Garde Wilson leaves Supreme Court on Thursday. The court heard the Brendan Lee told a witness that Ms ...

Solicitor Zarah Garde Wilson leaves Supreme Court on Thursday. The court heard the Brendan Lee told a witness that Ms Garde-Wilson could have his statement retracted. Photo: Eddie Jim

As Mr Cronin tried to restrain his friend, Mr Lee threw two punches. One struck Mr Cronin's friend and the other hit Mr Cronin.

Police have not identified Mr Lee's friends.

Mr Gumbleton said Mr Lee unintentionally punched Mr Cronin as the teenager and his friend moved, and said the allegation of intending to kill was a question for a jury.

Patrick Cronin died after a brawl at the Windy Mile hotel in Diamond Creek in April. M

Patrick Cronin died after a brawl at the Windy Mile hotel in Diamond Creek in April. M Photo: Joe Armao

Justice Emerton also questioned the strength of the prosecution case by referring to a "weakness", and said the Crown had to prove Mr Lee showed murderous intent during a brawl.

The brawl involved "tens of men", the court heard earlier.

Outside court, Matt and Robyn Cronin said they and their son had been dealt life sentences, and that there was no justice in Thursday's ruling.

Andrew Lee 's brother, Brendan, outside court on Thursday.

Andrew Lee 's brother, Brendan, outside court on Thursday. Photo: Eddie Jim

"We have grave concerns about what happened inside this court room today, grave concerns," Matt Cronin said.

Mr Cronin said the eight weeks since Patrick's death had been the hardest of their lives, but they were "absolutely determined everything that we do from this moment forwards" would be done to honour their son.

Hours before he was punched, Patrick had played his first senior football game for Lower Plenty, alongside brother Lucas.

Patrick Cronin's parents Matt and Robyn arrive at the Supreme Court on Thursday.

Patrick Cronin's parents Matt and Robyn arrive at the Supreme Court on Thursday. Photo: Eddie Jim

In granting bail, Justice Emerton said Mr Lee had stable employment, family support and faced a long delay before trial if held in custody.

Police concerns Mr Lee could hinder their investigation could be allayed by strict conditions, she said.

Detective Senior Constable Glen Scharper earlier told the court that police had found it difficult to get information from witnesses, out of "a sense of loyalty or fear from the [Lee] family".

Patrick Cronin died after a pub brawl.

Patrick Cronin died after a pub brawl. Photo: Supplied by family

This included members of the Diamond Creek Football Club, where Mr Lee played years ago.

Mr Lee's brother, Brendan, was last month convicted and fined $2000 after pleading guilty to harassing a potential witness.

The court heard on Thursday that Brendan Lee had spoken with his brother's solicitor, Zarah​ Garde-Wilson, and given her business card to a witness. 

Brendan Lee, the court heard, instructed that man that Ms Garde-Wilson could have his statement retracted.

There was no evidence Ms Garde-Wilson spoke to Andrew Lee about Brendan Lee's actions, the court heard.

Justice Emerton granted bail on conditions Andrew Lee report daly to police, abide by a nightly curfew, not associate with his brother or the Diamond Creek football club, not approach Mr Cronin's family or prosecution witnesses, surrender his passport, not drink alcohol and not discuss his case with anyone bar his wife, legal team and mental-health professionals.

The court heard Andrew Lee's parents were prepared to offer a substantial surety.

Andrew Lee's parents have offered a $350,000 surety. Photo: Eddie Jim

His parents must also offer a $350,000 surety.

Mr Lee is due to return to court in September.

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