Torture charges dropped in case of Channel Seven contestants
By Cloe Read
Two torture charges have been dropped as part of a case for two Channel Seven identities accused of abusing children.
The Queensland couple, who cannot be named for legal reasons, are facing dozens of charges between them, with one accused of rape, and the other of torture.
But on Monday in a local Brisbane court, Magistrate Stuart Shearer dismissed two torture charges against the man, after the prosecution conceded there was not enough evidence. The man still faces several other charges including assault.
The couple appeared for the second day of their committal hearing, where the woman took notes in a notepad. She faces dozens of charges, including torture, rape, and sexual assault.
In September, the court heard allegations of children being physically and sexually abused and threatened with knives.
After several hours of witnesses giving evidence before a closed court, Shearer asked the prosecution for the particulars of an 18-year-long torture charge.
He said there was another charge of torture for 15 years’ duration. Police prosecutor Tom Wirawan said he was in the hands of Shearer if he found the evidence was not up to par.
Wirawan later clarified and said he was not intending to discontinue the charge himself.
Defence barrister Stephen Kissick said his client had faced “really serious charges of a really quite unusual nature for now over 12 months”.
He said there was huge public interest in the case, and urged the prosecution to tell the court whether they would continue with the charges.
Wirawan then said he was not intending to press a prima facie case for the accused man’s torture charges.
Shearer dismissed the two charges, and supporters in the room cheered and hugged each other.
Earlier in the proceeding, Shearer rejected several documents the prosecution attempted to tender, finding that some of it was inadmissable.
Shearer also rejected an attempt by prosecution and security staff for one of the witnesses to be in an external room.
Wirawan said the decision was made because the alleged victim felt uncomfortable being in the same room with the accused pair, who were seated in the public gallery.
Shearer responded: “Well, I imagine the defendants are uncomfortable being in the presence of them as well.”
“It’s absurd that there’s this presumption of guilt floating around, rather than the opposite, which is actually the reality of the matter.”
The case was adjourned to allow for written submissions, and will return to court in January.
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