Benjamin James David Allen revealed as ex-Churchie swim coach who sexually assaulted schoolgirl
A former elite school swimming coach who sexually assaulted a schoolgirl can now be named, after The Courier-Mail fought to overturn a suppression order.
Police & Courts
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The identity of a former elite school swimming coach convicted of sexually assaulting a schoolgirl can now be revealed, after The Courier-Mail fought to lift a suppression order imposed by a magistrate.
Ex-Anglican Church Grammar School (Churchie) coach Benjamin James David Allen pleaded guilty and was sentenced to 180 hours’ community service in March for one count of sexual assault. A conviction was recorded.
The Courier-Mail was unable to previously report the matter as a non-publication order over the entire proceedings was sought by Allen and granted by sentencing magistrate Michael Quinn over mental health concerns for the victim, who was 16 at the time of the offence.
Precise details of the offending are unknown, as Mr Quinn closed the court to the media and public on application by Allen.
The NPO was made under new legislation that had been introduced to strip away protections from alleged sex offenders who previously couldn’t be identified until they were committed for trial or sentenced.
The legislation allows for NPOs, however they are to cease having effect once a defendant is committed or sentenced.
Under the NPO granted for Allen, he was afforded anonymity until further notice despite having been sentenced.
Queensland Newspapers, the publisher of The Courier-Mail, along with networks Seven and Nine, challenged the NPO in the Brisbane Magistrates Court in May.
However magistrate Ross Mack declined to overturn the NPO, despite having taken “a different view”.
“But I am not sitting in an appeal court. I am sitting in the same court that was so long occupied by Magistrate Quinn, and I decline to make any orders,” Mr Mack said.
The Courier-Mail then took the matter to Brisbane Supreme Court to apply for a judicial review of the NPO.
On Tuesday Justice Peter Applegarth made the orders sought by The Courier-Mail after its application went unopposed by the two magistrates, represented by Crown solicitor, the Queensland Police Service and Allen.
Justice Applegarth quashed the NPO over Allen’s case.
Outside court Sophie Robertson, special counsel at Bartley Cohen, who represented The Courier-Mail said the NPO should never have been made.
“It was an obvious misapplication of the limited power Magistrates have for making orders protecting the identity of sex offenders,” Ms Robertson said.
Allen, who is currently appealing his conviction for sexual assault, was not in court.
He was initially charged with one count each of grooming a child under 16 years and procuring a sexual act by false pretence.
Prosecutors later dropped these two charges, replacing them with a single count of sexual assault.
According to the bench charge sheet, Allen unlawfully and indecently assaulted the teenage girl, who was not a student at Churchie at East Brisbane in 2022.
Churchie has previously said Allen was on leave when first charged and did not return to the all-boys school.
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