Cooktown man, 27, pleads not guilty to rape in Bowen Magistrates Court

A Queensland man previously sentenced for assaulting his partner in the Whitsundays offered to live seven hours away from the alleged victim to gain his freedom. See why the address wasn’t suitable.

An accused rapist asking a court for bail offered to live seven hours away from the alleged victim, but had previously assaulted her despite the same distance. Picture: iStock

An accused rapist asking a court for bail offered to live seven hours away from the alleged victim, but had previously assaulted her despite the same distance.
The Cooktown man was previously sentenced for assaulting his partner in the Whitsundays, the Bowen Magistrates Court heard.

The alleged rape occurred in Bowen between November 15 and December 1 2021, police said.

Prosecutor Lachlan Perry told the court statements from six different witnesses as well as two audio recordings could be handed over from the Department of Prosecutions.

When asked by Acting Magistrate Michael Bice to enter his plea in front of the Bowen Magistrates Court, the 27-year-old man responded not guilty stating that “this is not proven”.

PD Law solicitor Terry Gray asked for a bail application to be granted, which was contested by the prosecution.

Defence questions ‘strength of the evidence’ and says distance from the victim is reasonable

PD Law solicitor Terry Gray told the court that the alleged rape was an “historical offence” as it was alleged to have happened back in 2021.

He told the court that the strength of the evidence is to be questioned as there was a 12 months delay between the alleged time of the offence and the time that the woman reported it to police.

He told the court to consider granting the man bail as he would live a “reasonable distance away”.

Mr Gray said the man’s stepfather had offered for him to live at his house in Mount Sheridan, which would be seven to eight hours drive from his ex-partner’s residence and that he could provide work to his stepson while he lived there.

He also told the court that the man’s history of breaches of bail and failures to appear in court was quite dated, back in 2016.

Prosecution says the ex-partner “is terrified”

Prosecutor Lachlan Perry told the court that a bail application was not justifiable as the man had already been sentenced for assaulting his partner previously and was serving time for it now.

He told the court that the woman was “terrified” of him and at the time of the assault offence, had “relocated to Bowen out of fear”.

The 27-year-old had followed her to Bowen and that was where the grievous bodily harm occurred.

Mr Perry submitted that if he was released on bail, there was “no reason he would not do it again”.

He also raised the question of the suitability of the house in Mount Sheridan, stating that police had been to the house and found that it was “overgrown” and that the neighbours had not seen anyone in a “long time”.

He told the court that the man had an extensive history of breaching bails and that there was a DV order imposed on him at the time of the alleged rape.

Acting Magistrate Michael Bice refused the bail application on the grounds that he was not satisfied the address was suitable.

A trial date will be decided, but it still has to be confirmed whether this will be with or without a jury.