Supreme Court grants home detention bail to Mark Stephen Allen over drug, child sex charges he denies due to ‘broken penis’

An alleged drug dealer accused of sexually assaulting a teenager 26 times in two weeks, despite a “broken penis”, has won bail in a “borderline” decision.

A man accused of sexually assaulting a teenager 26 times in two weeks – despite having a penis that “doesn’t work” – has won bail in what a judge has deemed a “borderline” call.

On Thursday, the Supreme Court released alleged drug dealer Mark Stephen Allen on strict home detention bail and warned him to stay away from the girl, 15.

Justice Sandi McDonald said the allegations against Mr Allen were not only serious but also “unusual”, justifying his release from custody.

“It was borderline in this case as to whether I granted you bail,” she told Mr Allen via video link.

“I make it plain that, if you breach any condition, you will go back into custody and stay there until this matter is resolved.”

Mr Allen, 37, of Craigmore, has yet to plead to almost 40 charges including unlawful sexual intercourse and supplying a controlled drug to a child.

It is alleged he sold drugs to the girl and assaulted her 26 times in hotel rooms.

On Thursday, Stacey Carter, for Mr Allen, repeated her submission that her client’s penis “does not work” due to an operation three years ago.

“That makes some of the allegations in the girl’s statement simply impossible,” she said.

She said the prosecution case was based on a series of self-made videos recordings in which the girl discussed Mr Allen in “quite vulgar language”.

“Basically, what you are seeing is a very disturbed girl making allegations that are somewhat unusual … there’s no suggestion what she’s saying is true,” she said.

“If these allegations are entirely untrue, and made by a disturbed girl, it would be horrific for someone with no history of offending to stay in custody for an extended period of time.”

April Zimmermann, prosecuting, said the state of Mr Allen’s penis provided no alibi, given the alleged offending involved oral sex.

She said the girl was “particularly vulnerable” and needed to be protected – Justice McDonald agreed, but said the case was more finely balanced.

“This is an unusual case … there is no suggestion Mr Allen pursued her, nor forced her (into sex) … but I am not underestimating the power imbalance between them,” she said.

“On the facts of the case, there are other ways to protect her rather than keeping Mr Allen in custody.”

She released Mr Allen on home detention bail, ordering his parents lodge a cash surety with the court and that he not contact the girl in any way.