No decision reached in Joe Prendergast rape case, matter adjourned
A closed court hearing into charges of rape, sexual assault and indecent treatment against South Burnett businessman Joe Prendergast this week failed to reach an outcome.
Police & Courts
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After four days of presenting evidence and listening to witness testimony in a closed hearing in the Kingaroy court, businessman Joe Prendergast’s rape case has been adjourned once more.
Due to the serious nature of the charges – 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 committal hearing was held to determine if there was enough evidence for the case to proceed to the District Court.
The hearing ran over four days, from Monday to Thursday this week, with Magistrate Andrew Sinclair presiding.
According to courthouse staff, no decision about the future of Mr Prendergast’s case had been made by the conclusion of the four day hearing.
The matter was adjourned until Tuesday, May 6, when Mr Prendergast is due back in Kingaroy Magistrates Court.
No pleas have been entered in relation to any of the charges.
Mr Prendergast is the managing director of Dusty Joe’s Pty Ltd, which operates the Dusty Hill Vineyard in Moffatdale and the Goomeri Bakery and the case has attracted significant media attention and public interest since he was charged in July, 2023.
On the first day of the hearing in Kingaroy however, police prosecutor Pepe Gangemi asked Mr Sinclair to consider closing the proceedings to protect the identity of the victims under Section 71 of the Justices Act.
“There is a child victim and an adult victim, both of whom when they give evidence will be covered under Section 103,” he said.
“But throughout the course of this, so all witnesses can speak freely and refer to the victim child without fear of compromising any identity, I ask to enforce the exclusion under Section 71.”
Mr Sinclair agreed to close the court and ordered that “no person shall be in the room without (his) permission for the duration of this committal”.
This means no one, including reporters, were allowed in the court while the case was being heard, with the exception of the defendant, court officers, legal representatives and those in the process of giving evidence.
Prosecutors allege the assaults were committed over a period of six years, against a woman in her 30s and a girl who was under the age of 16 at the time.
Mr Prendergast also owned Joe’s Grand Hotel in Goomeri, which recently changed hands and from next month will be owned and operated by Jackson Macdonald, who also owns the historic Theebine Hotel and is in no way connected to this case.
The case against Mr Prendergast has been plagued with delays, difficult to track down witnesses, and outstanding evidence, and has been mentioned in court at least 10 times since the charges were laid almost two years ago.
Mr Sinclair previously voiced his frustration at the many delays and requests for adjournments in the case, on one occasion saying, “nobody seems very keen to get it done”.
Mr Prendergast will return to Kingaroy Magistrates Court on Tuesday, May 6.