Toowoomba tradesman accused of raping partner released after fresh DV charges

A Toowoomba barrister has kicked off at a police officer for “unlawfully” detaining his client after the alleged rapist was charged with new domestic violence charges.

A Toowoomba tradesman accused of raping his then partner was released on bail after spending a night in the watch house on freshly laid domestic violence charges.

The Toowoomba Chronicle cannot name the man to protect the identity of the woman.

During the man’s successful bail application at the Toowoomba Magistrates Court in late December, his legal team alleged he had been unlawfully detailed and the arresting officer did not have enough evidence to charge the man.

The court heard the man’s legal team also took issue with the lead investigator questioning the man because they made a formal complaint about how the officer interviewed the man in the past.

The senior sergeant in question, charged and arrested the man on December 21, for allegedly breaching a domestic violence order and stalking the woman.

The man had already been charged with the following DV offences; rape, two assaults occasioning bodily harm, strangulation, breaching a DVO order, and stalking.

The alleged DV rapist was released on bail following fresh charges in late December. Picture: Peta McEachern

Arrested following new allegations

The court heard the woman told police the man travelled past her home more than 50 times, which was caught on video via number plate recognition software, and he began attending her workplace after hours for recreational purposes.

The man handed himself in to police after he was notified by officers that he was flagged as a wanted man concerning new allegations when he was pulled over for allegedly driving while disqualified.

Three days later, he attended the police station flanked by leading Toowoomba lawyer Joe McConnell, co-director of McConnell and Sulumbide criminal lawyers, and soon after, top Darling Downs barrister Jones KC.

The court heard the man’s legal team expected the bail application hearing to be heard before a magistrate hours after the man’s arrest, however police’s objection to bail paperwork was not before the court in time.

A Toowoomba man accused of rape was granted bail at the Toowoomba Magistrates Court in late December 2023. Peta McEachern

Barrister airs grievances

During the successful bail application hearing on Friday, Barrister Jones KC told the open court he believed the officer in charge of the case breached his client’s human rights, alongside numerous criminal and justice laws.

“There’s an argument that (my client) has been unlawfully detained,” he alleged.

“We received information that while the officer was (allegedly) acting under the guise that he was preparing (the bail application, but) he was in fact preparing search warrants to further investigate this matter.

“Despite the applicant being arrested, despite (us) being at court waiting… it appears as though he has used this time to perhaps somehow get around the eight hour requirement and brought an application to have a search warrant signed by (a) magistrate.”

Magistrate Kay Philipson told Mr Jones the allegations against the officer were not for her to decide.

Toowoomba barrister David Jones KC

Alleged unfounded charges

Mr Jones said the fresh DV breach charges were unfounded and unjust as the man routinely used the busy street near the woman’s home for work purposes, which was a busy thoroughfare used by others.

He also noted the road was 30m from the woman’s home, which did not breach the domestic violence order, as it stipulated he could not be within a 20m radius of the property.

In regards to the man attending the woman’s workplace, Mr Jones said the woman was not there at the time, and it was not near, or within 30m of the particular area she worked from.

Show cause position

Police prosecutor Rowan Brewster-Webb told the court it was appropriate for the officer to interview the man given he was one of the main investigators who had intimate knowledge of the case.

However, Magistrate Kay Philipson noted there may be a conflict of interest and speculated it could cause issues with the case in the future.

In regards to the alleged purposeful delay, Mr Brewster-Web said there was a large amount of data that needed to be assessed, and while preparing the objection paperwork more alleged crimes came to light.

“He then proceeded to get that warrant and further investigate,” he said.

“I wasn’t aware this was before the court at all yesterday.”

Mr Brewster-Webb told the court the man was in a show cause position and the reason why police opposed his bail was detailed in the objection paperwork.

Bail granted for Christmas

In granting the opposed bail application, Magistrate Philipson noted there did not seem to be any confrontation between the pair, and no evidence of the woman being at her workplace while he was there.

“In my view, there are some significant difficulties, I would think, in the crown case in relation to any breaches of domestic violence by mere fact the vehicle’s depicted travelling… in circumstances where the vehicle would not seem to be at all within 20m of the (home),” she said.

“Nor is it entirely clear the defendant was in fact driving the vehicle.

“In any case… he would seem to be lawfully entitled to do that.”

She amended his bail application to stipulate he was allowed to attend the woman’s workplace for recreational purposes when she is not there.

Mr Philipson said the allegations levelled against the officer’s handling of the charges and bail paperwork caused her concern about the evidence supporting the fresh charges, especially the alleged stalking and DVO breaches.

The court heard the alleged rape, assault, and chocking charges came to light after the pairs relationship broke down. Picture: istock

Bigger picture

The man’s rape and choking charges were committed to the Toowoomba District Court - he denies the allegations.

When he was granted bail on the serious charges earlier in the year, the court heard the allegations came to light following a relationship breakdown.

The court heard the woman called the police for help because the man refused to leave her home and would not come to terms with the end of their relationship.

During the first bail application, the court heard given the alleged offences were historic, the strength of the crown case was not strong during the infancy stages of the investigation.

The court heard in 2022 the man was fined $700 for breaching a domestic violence order and police protection order, and had the benefit of a conviction not being recorded.

The police are completing a brief of evidence for the new charges which is due to be completed on February 9, before the man’s next court date in early March.

Originally published as Toowoomba tradesman accused of raping partner released after fresh DV charges