SA Youth Court closes its doors for youth, 16, charged with trying to rape woman, 90, because hearing may ‘embarrass’ him

An alleged teenage rapist’s bid for bail has been held behind closed doors because a magistrate fears reporting the evidence will “embarrass” him.

The case against a teenager who allegedly invaded the home of, and tried to rape, an elderly woman has proceeded in closed court over concerns the evidence will “embarrass” him.

On Monday, Magistrate Alison Adair exercised her power to exclude the media from attending the 16-year-old’s Youth Court bid to be bailed to live in “a small country community”.

After hearing The Advertiser’s application for the media to attend court, Ms Adair ruled there was “no public interest” in details of the case being made widely available.

She instead agreed with the youth’s counsel that publication carried with it “a risk of hardship and embarrassment” to both the teenager and his family, who were permitted in court.

Ms Adair’s decision runs contrary to court documents filed by SA Police, which assert the case is “of particular public interest” and that the youth has a long offending history.

In their papers, police allege the youth has previously committed trespassing offences and breached his bail obligations – but been dealt with by counselling, not convictions.

It is the second time in two months that a Youth Court magistrate has excluded the media from a case involving sex crime allegations against a male teenager.

In May, Magistrate Ted Iuliano held the alleged Adelaide High School rapist case behind closed doors – but refused to hear the media’s application to attend the matter.

For the second time in two months, the Youth Court has excluded reporters from a case involving sex allegations against a male teenager.

The youth involved in Monday’s case was arrested on Saturday afternoon and charged with aggravated criminal trespass and intention to rape.

SA Police allege that, between 11.30pm and midnight on Thursday, he broke into the Edwardstown unit of a woman, 90, by smashing the bathroom window.

They further allege the woman woke to find the youth lying on top of her and that, when she screamed, he fled the scene.

The woman, who speaks limited English, was not physically injured in the incident but was distressed, and is now in the care of family members.

On Monday, counsel for the youth said their client would be seeking bail to reside “in a small country community”.

He asked Ms Adair to exercise her unfettered power, under section 24 of the Youth Court Act (1993), to exclude reporters from the hearing.

“Media representatives may be fully aware of their obligations and the prohibitions on reporting on young offender matters,” he said.

“However, the nature of this hearing will be largely to do with submissions about my client’s personal circumstances (which are) not necessarily covered by the prohibitions.

“Given the sensitive nature of these allegations, there’s a significant risk of hardship and embarrassment to my client and to his family.”

The Advertiser opposed the application, arguing bail hearings in all jurisdictions were routinely reported and there were “no special circumstances” about the youth.

It argued specific suppression orders could be imposed if needed, but asserted the legislated prohibitions would suffice to cover almost all circumstances.

Ms Adair disagreed, saying the court file – containing her ultimate decision on bail – would be made available to reporters after the hearing.

In documents submitted to that file, police urge the court to remand the youth in custody, saying he has no fixed place of abode and is neither studying nor working.

They say the owner of the premises at which he was staying at the time of the alleged offence “has withdrawn permission for him to live there”.

“These charges are particularly serious and are alleged to have been committed toward a very elderly woman,” the papers assert.

“There is a particular public interest in the matter and (the youth’s) remand to custody is sought.

“He has prior offences of serious criminal trespass, dealt with by the Youth Court diversion process … the victim is elderly and maintains fear of further attacks.”

Ms Adair ordered a bail assessment report and remanded the youth in custody for two weeks.