Police oppose accused rapist’s application to have tracking device removed
A Central Queensland man facing serious charges including rape has won a bid to have an electronic tracking device removed, with a court hearing he had lost employment while on bail.
Police & Courts
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A Central Queensland man accused of rape has won a bid to be free of a tracking device worn around his ankle.
The man is facing charges including rape, and choking/suffocation/strangulation (domestic violence offences).
He made a variation of bail application in Gladstone Magistrates Court where he sought to have a bail condition, which required him to wear an electronic monitoring device, removed.
The court heard the man had been wearing the monitoring device for 12 months and he had lost employment while on bail.
Police prosecutor Senior Constable Jessica McLaren said the prosecution opposed the application.
“The onerous nature of that condition is due to the severity of the alleged offences for which he is charged,” Snr Const McLaren said.
“It’s noted the purpose for the electronic monitoring device in the initial stages was to ensure that the defendant did not enter the suburb (in Gladstone) which is where the complainant in this matter resides.”
Snr Const McLaren submitted the removal of the bail condition “could potentially place the complainant at unacceptable risk of him (defendant) having contact with her, or committing further offences against her.”
Magistrate Mary Buchanan asked the prosecution if the man had any breaches of bail, to which Snr Const McLaren replied: “No breaches of the reporting conditions.”
Solicitor Cassandra Ditchfield made submissions via email, which included documentation that confirmed the man’s employment situation.
In making her ruling on August 7, Magistrate Buchanan noted the man’s employment situation and said given his age, and the delays moving forward with getting a trial date, she would grant the application.
His matters were adjourned to a later date.
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