Man arrested for allegedly raping 11-month-old daughter in June 2016 freed on bail

Father-of-two was charged on Saturday despite more than three years elapsing between the alleged offences to now.

A 35-year-old Yarrabilba father-of-two has been bailed today after being charged on Saturday with four offences including raping his 11-month-old daughter. Picture: File

A YARRABILBA father-of-two who allegedly raped his 11-month-old daughter in June 2016 has been bailed despite claims of a “strong evidentiary case” against the accused.

Police charged the 35-year-old plant operator, who cannot be named for legal reasons, on Saturday at his Yarrabilba address.

He is charged with rape, indecent treatment of a lineal descendant, possessing child exploitation material and possessing unauthorised fireworks.

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The first three offences occurred at a Cedar Vale address on or about June 14, 2016, while the fireworks were found by police on Saturday at Yarrabilba, where he intends to reside upon release.

The court heard that prior to the coronavirus crisis, the man had supervised contact with his two children at a contact centre. However, contact centres have been shut down to assist in social distancing and so he hasn’t seen his children in more than two months.

The man and his wife have separated. His daughter is now aged four.

Beenleigh Courthouse at Beenleigh. Picture: Judith Kerr

Police prosecutor Sgt Karine Evans said police opposed bail due to the severity of the charges. She tendered a police affidavit which claimed a “strong evidentiary case” against the man, according to Magistrate Louise Shephard, who noted they were “very serious charges”.

“If convicted and sentenced, he can expect a significant period of imprisonment,” she said.

However, ultimately she sided with defence lawyer Russell Tannock, who submitted that the substantive charges against the man were allegedly committed more than three years ago, there was no history and has not been any subsequent offending.

Ms Shephard told the court that there was a legal presumption towards bailing defendants who have not yet been proven guilty, unless in certain prescribed categories of cases, rape not being one of them.

Under his bail conditions, the man will have to report weekly to Jimboomba police and have no contact with children under the age of 16.

“With the condition of no contact, any risk (in his release) is mitigated to an acceptable level,” Ms Shephard said.

The case has been adjourned to Beenleigh Magistrates Court on July 17 while a police brief of evidence is prepared for the defence.