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The high court will hear arguments on Marrian's and Mwanthi's bail applications on Tuesday.
Pros counsel says: "In bail applications under extradition act strength of evidence ought not to be primary focus".
They were ordered to be held at a Westchester County jail, and their lawyers declined to file bail applications.
Also on Monday, a DPP solicitor who opposed one of Monis' bail applications was accused of "fundamentally misunderstanding" the way bail operated in murder cases.
As a result, hundreds of men with minor visa violations were handcuffed and locked up for days while officials sorted through mountains of paperwork and bail applications.
At the one district courthouse open in Baltimore's south on Wednesday three courtrooms were open and processed bail applications all day.
Similar(33)
The bail application continues.
"There is no bail application.
The court rejected the bail application.
He said: "Next is further consideration of another bail application".
His lawyer, Jeffrey Pittell, did not make a bail application.
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