The man, going through two prices of raping a girl in October 2021, had his case talked about for the second time in Toowoomba Magistrates Court on Wednesday.
Lawyers for News Corp, the Seven, Nine and Ten networks, the Sydney Morning Herald and The Age newspapers, and the ABC utilized to Justice of the Peace Kay Philipson to make use of her discretionary powers to grant an exemption to Queensland’s Sexual Offences Act that prohibits naming folks accused of rape except and till they’re dedicated to face trial.
The accused man’s barrister, Andrew Hoare, stated he agreed with Philipson and the crown prosecutor Nicole Friedewald once they described the functions as “premature”.
Philipson stated it was written within the “strict construction” of the regulation that she couldn’t use these powers except the matter proceeded to a committal listening to.
“I’m doing no more on this mention than determining where proceedings are at and what the next step is. I’m not holding a committal today, I’m not taking statements or examining witnesses today,” she stated.
The media organisations had additionally sought to realize entry to courtroom paperwork concerning the case however Philipson stated she had no energy to impose orders on the registrar, who receives and manages courtroom paperwork.
“Where is my power to direct the registrar to do anything?” Philipson stated.
Philipson dismissed the appliance to entry courtroom paperwork in addition to certainly one of two functions to call the accused man, with the opposite utility to be thought-about if the costs are dropped at a committal listening to to determine if the matter will go to trial.
The high-profile man was excused from showing in individual and Hoare stated there had been points with some components of the prosecution’s digital transient of proof not functioning.
Hoare stated prosecutors had sought a forensic obtain of proof and an extra assertion from an skilled and his consumer’s authorized staff would want six weeks to look at the prosecution’s transient of proof.
“We will be requesting six weeks to review the entirety of the brief and to be in a position to inform the court as to how this matter will progress and the next mention,” Hoare stated.
Friedewald didn’t oppose the size of the adjournment and stated it was applicable as prosecutors wanted a month to arrange their report.
Philipson granted an utility for the matter to be adjourned till April 5 at Toowoomba Magistrates Court, prolonged the accused man’s bail and excused him from showing in individual on the subsequent listening to.
The media organisations’ lawyer, Zander Croft, stated outdoors courtroom that his shoppers would proceed to pursue their utility to call the accused man.
Croft stated the appliance that was dismissed wouldn’t have an effect on one other utility to call the accused.
“The next stage would be that the application will be heard at a committal hearing … if it proceeds to a committal,” Croft stated.
The Queensland authorities final yr introduced it could change laws to permit accused rapists to be named earlier in authorized proceedings, according to a suggestion of the Women’s Safety and Justice Taskforce.
Source: www.9news.com.au
