Tamlin Francis Fitzpatrick-Giles’ alleged victim ordered to Mackay for BDSM rape torture committal

A 17-year-old girl who was allegedly the victim of a then 26-year-old man in an act of BDSM gone wrong has been told she cannot give evidence from another state, after lawyers won the right to cross-examine her.

A 17-year-old girl who was allegedly the victim of a then 26-year-old man in an act of BDSM gone wrong has been told she cannot give evidence from another state, after lawyers won the right to cross-examine her.

After lawyers won the right to cross-examine the alleged victim of BDSM sex act gone wrong, a magistrate also decided she be brought to Mackay to give evidence in a committal hearing.

The girl was 17 when she allegedly suffered rape and torture at the hands of Tamlin Francis Fitzpatrick-Giles in Mackay sometime between November and December 2023.

Mr Fitzpatrick-Giles’ appearance was excused on Wednesday as barrister Scott McLennan, instructed by Mackay Solicitors’ Marcus Hahn, argued there was “no special reason” to allow her to give her evidence by videolink.

“This application is to protect that witness, and in my respectful submission … it’s a long way to travel, she’d be vulnerable,” police prosecutor Matt Saunders said, noting the application proposed she appear by video in a Victorian police station.

But magistrate Bronwyn Hartigan was unconvinced.

She said a previous magistrate had ordered the witness be brought to Mackay, and be allowed to give evidence on a videolink from another room with a support person.

Ms Hartigan noted with some concern the application’s suggestion a police officer serve as support person, saying “that’s out, even if I allow the application”.

“Its true she is a complainant in a very serious matter, but again the defendant is a defendant who is innocent until proven guilty,”

“It was made clear in that order she give evidence remotely in Mackay … but that doesn’t mean she can give evidence anywhere she likes.

“This is a thought after the fact, it’s too late.

“She must come to Mackay. Mr Saunders, you had your chance, I’m not entertaining any further submissions.”

Ms Hartigan said there was no reason to reopen the pre-trial directions and dismissed the prosecution’s application.

In late 2023 new laws were passed allowing those charged with prescribed sex offences such as rape to be named while the matters were still in the Magistrates Court.

Mr Fitzpatrick-Giles’ matters were adjourned.