Delays in Joe Prendergast alleged rape, sexual assault case frustrates magistrate

New details in the rape case against a high-profile publican and winemaker have been revealed in a fiery court hearing where a magistrate unleashed on police for the second time this week, warning delays “will not be tolerated”.

Joe Prendergast is charged with 11 counts of rape, two counts of sexual assault, two counts of indecent treatment of a child under 16 and one attempted indecent assault of a child under 16.

A frustrated magistrate said he wants the rape case against high-profile South Burnett businessman Joe Prendergast to be “moved to conclusion” and warned prosecutors and the defence “a delay will not be tolerated.”

Mr Prendergast, managing director of Dusty Joe’s Pty Ltd which operates the Dusty Hill Vineyard in Moffatdale, Joe’s Grand Hotel in Goomeri and The Goomeri Bakery is charged with 11 counts of rape and other sexual assault charges, which police allege happened over a six-year period against a woman and an underage girl.

He has not entered any pleas and was not in court in person on Wednesday.

However, a solicitor appearing on his behalf said he was seeking an adjournment as one of the pieces of electronic evidence was “corrupted” and they were waiting on other evidence to be presented.

Of the long list of items requested items, Cellebrite (digital intelligence) reports from both Mr Prendergast and his wife Miranda (who has not been accused of any wrongdoing) were requested by the defence.

South Burnett businessman Joe Prendergast.

Police Prosecutor Sophie Stewart said the arresting officer had been on leave since December and was not due back until February.

Senior Constable Stewart said she wasn’t privy to the case details and fellow Police Prosecutor Barry Stevens might be able to explain why some of the evidence was missing from the brief.

Magistrate Andrew Sinclair, who this week lashed police for similar delays in another case which ended in charges being dropped, said he would wait for Sergeant Stevens’ arrival to ask why police hadn’t followed a “simple direction.”

“I’ve made specific orders so that this matter is moved to conclusion,” Mr Sinclair said.

“I ordered a full brief of evidence 219 days ago to be supplied by the 24th of July so I don’t know why, still seven months later, the material hasn’t been provided.

“The same standard directions apply to every matter in every courthouse in Queensland and have done for dozens of years.”

When Sergeant Stevens arrived in the courtroom, he said he didn’t know why at least one of the witness statements hadn’t been completed but elaborated on what one witness allegedly saw.

“He was a witness to one of the parties where he gave evidence of consumption of alcohol and unclothed dancing,” Sgt Stevens said.

The court heard the officer had been having difficulty getting one of the witness statements signed as they didn’t live in the area and also, due to “competing priorities”.

Visibly frustrated, the magistrate replied: “Tell me what’s been requested so I can keep track of all this. I just keep getting told the same things over and over again, that they just have not been provided”.

Joe Prendergast is charged with 11 counts of rape, two counts of sexual assault, two counts of indecent treatment of a child under 16 and one attempted indecent assault of a child under 16.

Snr Const. Stewart listed 17 items the defence had requested from the prosecution.

Outstanding evidence

1. Records held by QPS relevant to the investigation

2. A list of the search warrants executed and supporting documents and all recordings taken during the executions of the search warrants

3. A copy of all phone records obtained from the prosecution witness

4. A copy of all transcripts and audio recordings from voluntary interviews conducted during the investigation

5. Any statement and recordings obtained from “three specific persons.”

6. All records in relation to discussions and correspondence between QPS and the child complainant

7. A copy of all videos taken of the child complainant from an interview that was conducted

8. A copy of all records in relation to previous complaints by the child complainant

9. A copy of all medical records obtained by Queensland police in relation to the complainant

10. Snapchat communications

11. All records made between QPS and the “second complainant”

12. Audio recordings between detectives and a “specific witness”

13. A copy of a report made to Crimestoppers made on June 24, 2023

14. A copy of notes or recordings made by QPS when they spoke to the complainant regarding the Crimestoppers report

15. Notes or recordings by QPS when they attended a “specific address” on June 28, 2023

16. Medical records in relation to the second complainant

17. Police records in relation to the second complainant

‘Going to ride this until I get an answer’, Magistrate warns

Because the arresting officer was on leave until February 14, 2023, Snr Const Stewart requested an adjournment until at least “late March if not early April.”

Mr Sinclair rejected her request.

“You have an adjournment until the 7th of February. Nobody’s going to get any adjournment for any longer … I’m going to ride these matters until I get an answer,” Mr Sinclair said.

“I’m going to ride these matters until they’re completed, a delay will not be tolerated … you need to comply with the practice directions.

“If the arresting officer is away then somebody else can look at this file and make these decisions.”

Regarding the corrupted video, Snr Const Stewart said it was a software issue before Mr Sinclair ordered it be played in court during the next hearing.

“The defence is to provide a list of the hardware and software used to access any recording that is not playable by them and to return that media to the court on the 7th of February, 2024 where it will be played by the court.”

Mr Sinclair said that would determine whether the file was working or why it was not.

“It seems ridiculous but that seems to be the only way it can be done because we’re not going to hold this up because people can’t use the correct hardware,” he said, while also ordering police to provide a full list of what would be disclosed and an estimated time for delivery.

In June, 2023, following investigations by Murgon Police, Mr Prendergast was charged with 11 counts of rape, two counts of sexual assault, two counts of indecent treatment of a child under 16 and one attempted indecent assault of a child under 16.

The first complainant, a woman in her 30s, was allegedly sexually assaulted by Mr Prendergast between September 2017 and January 2020.

The second complainant was allegedly sexually assaulted and inappropriately touched between December 25, 2022, and February 26, 2023 while she was under 16.