Alleged rape case bail application in Rockhampton District Court

An alleged violent offender held on remand, accused of raping his pregnant partner, has had his bail application denied following a stunning DNA revelation.

File image of a Forensic Facility in Canberra. Picture: NCA NewsWire / Martin Ollman

An alleged violent offender held on remand accused of raping his partner has applied for bail after being remanded in custody for 16 months.

The man, who cannot be named for legal reasons, made a bail application in Rockhampton District Court on September 25 where a twist in the case was revealed.

Judge Jeff Clarke said from previous mentions of the case, he was under the assumption the DNA the defendant was waiting on was in relation to the rape charge and it was both parties that wanted the DNA test done.

However, the court heard during the bail application, the DNA result was in fact regarding evidence of blood found on a belt allegedly used by the defendant to “flog” the victim.

Defence barrister Sheridan Shaw said the prosecution was relying on the blood to corroborate their allegation.

Judge Clarke said it would make the case worse for Ms Shaw’s client if the blood comes back as the victim’s.

He said it wouldn’t help Ms Shaw’s case one way or another “and it would be pretty unusual to be someone else’s blood” on his belt.

Ms Shaw said she conceded she could not argue this was a weak Crown case.

Crown prosecutor Tiffany Lawrence said she had been advised the earliest the results would be available was March 31, 2025.

She said she had only just been handed the case and was not aware of the background of why the testing was ordered and by who, but if the defence did not require it and there was other factors to be considered, the trial may be able to go ahead with out the DNA test result.

The court heard the parties would need to discuss this before advising the court of the next step.

Ms Shaw said given this possible change in the trial situation, the trial may go ahead by the end of this year in which there were no prospects for a bail application.

Otherwise, she said, the last time he breached bail conditions was in 2011.

Ms Lawrence said the defendant had shown “flagrant disregard for court orders” including bail conditions and domestic violence orders, particularly with respect to this victim, “placing him at a high risk of reoffending”.

The defendant, aged 35, is charged with one count of rape, three counts of common assault, one of assault occasioning bodily harm while armed and two of breaching a domestic violence order aggravated by prior convictions with all offences taking place between January 1, 2023 and April 30, 2023.

Judge Clarke said the defendant denies all of the alleged offences including the allegation that he repeated hit the victim with a belt “causing her to bleed”.

He said the defendant’s criminal history included convictions for drug offences, obstructing police, public disorder, serious driving offences, weapons and violence offences.

“There are two convictions for domestic violence offences including where the defendant drove a car with the complainant in these allegations hanging out of it,” Judge Clarke said.

He said there were seven convictions for contravening police protection or domestic violence orders regarding this complainant.

Judge Clarke said the complainant was pregnant during the time of these alleged offences and the defendant is accused of threatening her with a knife.

He said the defendant poses an unacceptable risk of failing to appear, not complying with bail, interfering with prosecution witnesses and committing other acts of domestic violence and his further detention in custody was justified.

Bail was refused.

The matter was adjourned to October 14.