Colin Max Behan, 78, granted bail after allegations of attempted child rape
An elderly man accused of attempting to rape a young girl in a toilet block was dragged back into custody to face court after another alleged victim came forward.
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An elderly man accused of attempting to rape a young girl in a toilet block has been granted bail for the second time in the space of a week after another alleged victim came forward.
Colin Max Behan, 78, is alleged to have tried to rape a girl at a toilet block at a park in Deception Bay on February 15.
Behan was granted bail on February 16 on charges of attempted rape and indecent treatment of a child under 16.
However this morning, the Brisbane Magistrates Court heard at a second bail application how a 13-year-old child came forward following the report alleging further indecent acts committed by Behan.
Behan was taken back into custody and charged with indecent act in any place with intent to insult or offend any person, indecent treatment of children under 16 (indecent film), and using the internet to procure children under 16.
Defence lawyer Lana Millar said her client would be contesting some of the allegations, which she said were somewhat dated.
She said any potential risks he posed to children could be appropriately mitigated by conditions he not approach within 100 metres of schools or playground.
Ms Millar said the other risk to consider in considering bail was the risk to Behan’s safety.
Magistrate Lewis Shillito said no grant of bail was risk free, but that he was satisfied that conditions could be imposed that could sufficiently ameliorate the risks.
Behan was today granted bail under conditions including that he not go within 100 metres of a playground or school.
The matter was adjourned to Redcliffe Magistrates Court on March 5.
During his application for bail, the court heard Mr Behan claim that members of the public had tracked him down and threatened at his home.
The court heard Behan claimed individuals had attended his address on multiple occasions this week and had slashed his tyres, made threats to harm him, and attempted to attack him.
Ms Millar said the full extent of the threat towards Behan was unknown, but that he had friends who could stay with him and protect him.
She said he had carer’s responsibilities for his elderly housemate with dementia and that Behan himself also suffered from health issues including cancer and type one diabetes.