Man and woman accused of raping children in Mackay region

It is alleged the abuse occurred over seven months – now the woman has tried to access protected documents in relation to the case.

A man and a woman are charged with raping children in the Mackay region.

A man and woman are accused of raping children over seven months in the Mackay district.

It is alleged the offending occurred within small communities in the region between late 2019 and mid 2020.

Lawyers for the woman, who is charged with one count of rape, applied to Mackay District Court to access confidential counselling documents in relation to the case.

Judge Julie Dick said she had read more than 1100 pages of the protected counselling communications, which have been subpoenaed from two institutions with Mackay Hospital and Health Service.

The court head Judge Dick cannot under law disclose the contents of what she read.

Judge Dick, in handing down her decision, said the court could not sanction such an application unless it was satisfied the counselling documents would have “substantial probative value” and other documents linked to the matters were not available.

The court heard the public interest in admitting the communications into evidence also had to substantially outweigh the public interest in preserving the confidentially of the communications and protecting the counselled person from harm.

Judge Dick said a statement of harm tendered on Tuesday suggested “the counselled person would suffer harm”.

She found none of the documents were substantially probative, but even if she had “having seen the statement of harm”, Judge Dick said the application would not have successfully met the other tests.

“There is little in those 1100-1200 pages that has any connection to the matter in issue,” Judge Dick said.

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The application was dismissed.

Her case was adjourned to a later date as if needed to be “listed for a pre record” in relation to a child’s evidence.

The man and woman cannot be named at this point as it is unknown if it would identify any of the alleged victims.

He is charged with three counts of rape.

Their cases were first mentioned in Mackay Magistrates Court in July 2020.

The court heard their cases were severed and his matters were listed for trial at a later date.