Eduardus Groenewegen, Caroll Dufailly allegedly kidnapped and tortured at Raceview

The lawyers for several men accused of the brutal kidnap and torture of a businessman and his glamour girlfriend have criticised the prosecution’s handling of evidence to be used in the case.

POLICE have been ordered to hand over all documents and material to be used in evidence in the prosecution of six men accused of the violent kidnapping and torture of an Ipswich couple.

At the instigation of defence lawyers, a committal hearing of four of the accused was postponed on Thursday after police supplied a raft of new documents to be used in the prosecution case.

The charges relate to a series of incidents at Raceview in the late evening on October 25, 2019, in which Eduardus Groenewegen and his Belgian girlfriend and model Caroll Dufailly were the victims of a violent home invasion allegedly by a group of men dressed in fake police tactical response gear.

Seven police officers were present when the four accused were placed in the dock at the Ipswich courtroom, Magistrate Dennis Kinsella giving permission for their handcuffs to remain on.

The four men who appeared were Jordan Roman Brennan, 26, from Robina; Justin John Kuhner, 40, from Fairfield in Sydney; Saleh Atasoy, 34, from Southport; and Brodie Jeet Singh, 43, from Coolangatta.

Kuhner was seated away from the other three men and later made a separate bail application.

Their charges include entering a dwelling with intent by break at night use/threaten violence when armed – serious organised crime; doing acts intended to cause grievous bodily harm; two counts of kidnapping; administering poison with intent to harm; two counts of torture; assaults causing bodily harm while armed/in company; two counts of deprivation of liberty; use, threaten violence when armed; two counts of extortion with intent to gain benefit with threat of detriment serious personal injury; face masked, blackened or disguised with intent to commit serious offence; impersonating police officers; and two counts of robbery when armed/in company/using personal violence – serious organised crime.

It has previously been revealed in court proceedings that the prosecution case will include a substantial amount of telecommunication material that relates to the location of mobile phones and ciphr encrypted phone devices at the time of the alleged crimes.

Before the hearing could begin it was revealed there were legal issues that needed to be dealt with.

Defence barrister Saul Holt QC, appearing for Brodie Singh, said they had received 37 new statements on Monday and more documents that morning.

Mr Holt said it appeared many of the statements had been available for a considerable time.

“The situation we are now in is just intolerable. It raises fundamental questions about disclosure,” Mr Holt said.

Mr Holt said he would remind the court that the full brief of evidence had been due on November 10 last year.

He and the other the legal representatives objected to the documents being tended as exhibits by Crown prosecutor Andreas Galloway until they could be read.

The court heard some documents relate to the disclosure of Telstra communications material.

Adrian Braithwaite, defence barrister for Atasoy, said he received on Monday “in excess of 700 pages” of material with no opportunity as yet to look at it.

Defence representatives made a formal application to adjourn the committal hearing and sought for a disclosure order be made for the prosecution to hand over all its prosecution material by Monday next week.

Mr Galloway asked for one week for the Crown to comply.

With agreement by all parties Mr Kinsella made an order for the senior police officer in charge of the case to supply all relevant material by 4pm on Wednesday August 25. With the matter to return to court for mention two days later.

Mr Kinsella also ordered that if police sought for any material to be withheld it be must be detailed and placed in a sealed envelope.

Included in the order were the legal representatives for the other two men charged with the same offences: Nathan John Miller and Mark Clinton Atta Singh.

“Rest assured I’ll be whipping the matter into line,” Mr Kinsella said.

The committal proceedings were adjourned.

The four men were remanded to appear on August 27. Their girlfriends and partners were at the courtroom.