High-profile rape accused to remain anonymous after application rejected in Toowoomba Magistrates Court

A Toowoomba magistrate said she would not consider an application to allow the media to name a high-profile man who is accused of rape.

An attempt to name a high-profile man accused of rape has been knocked back, after a joint application made by a number of media organisations was rejected by a magistrate.

Police allege the man raped a young woman at Toowoomba in October 2021, and his alleged actions amounted to two charges of rape.

The well-known man cannot be named due to a law which prevents media outlets from identifying an accused rapist before being committed to stand trial.

Barrister Jessica Goldie put forth the application to allow media organisations to name the man on Wednesday morning, February 22, however it was not successful.

Lawyer Rowan King of RK Law leaves the Toowoomba Courthouse after the mention of his secret client on Wednesday, February 22.

Magistrate Kay Philipson said, under the legislation relied upon in the application, she did not have the authority to make such a “premature” ruling.

Ms Philipson said it was extremely concerning to be hearing such an application during a mention sitting, especially considering the police brief of evidence was yet to be completed.

The magistrate noted section seven of the Justice Act, referred to the examination of witnesses – a stage of the proceedings she currently had no carriage of, or might never have carriage of.

Crown prosecutor Nicole Friedewald, and the man’s legal representative barrister Andrew Hoarea, agreed with Ms Philipson that the legislation did not allow for the consideration of the application at this stage of proceedings.

As a result the man cannot be named until the case is set down for a committal mention, when the presiding magistrate has a chance to review evidence and overview witness examinations.

Lawyer Rowan King of RK Law leaves the Toowoomba Courthouse after the mention of a high-profile rape case on February 22, 2023.

Mr Hoarea, representing RK Law, said he was still waiting on an electronic brief of evidence to be sent in full after a malfunction occurred during the file transfer.

Mr Hoarea also asked the crown to provide additional evidence in relation to an expert report which may take about six-weeks for prosecution to compile.

The matter was set down for a mention on April 9 with the accused and his legal team not required to appear in person on the next occasion.

The application on behalf of Nationwide News, Queensland Newspapers, News Life Media, Nine Network Australia, Network 10, Fairfax Media, and the ABC, was adjourned to the registry.

Queensland law protects the identity of accused serious sex offenders, preventing media outlets from naming charged persons until they are committed to stand trial – a process that can take several years.

In November 2022, Queensland Attorney-General Shannon Fentiman announced the law protecting the identity of the accused in sexual assault matters would be changed this year.

Originally published as High-profile rape accused to remain anonymous after application rejected in Toowoomba Magistrates Court