Lismore man faces court charged with raping 13-year-old girl in Byron Shire hinterland
A Lismore man has been charged with raping a 13-year-old girl in the Byron Shire hinterland. Now, he’s fighting to have the case thrown out. Here’s why.
Police & Courts
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An East Lismore man has been charged with raping a 13-year-old girl in the Byron Shire hinterland - and is fighting to get the case thrown out.
The 50-year-old man, who cannot legally be named to protect the victim’s identity, tried to have the allegations against him dismissed when he faced Lismore Local Court on Wednesday.
The former Byron Shire man has been charged with a string of domestic violence-related child sex abuse offences.
Police allege the accused sexually abused the teenage girl at a Byron Shire hinterland property on a number of occasions between July 1, 2022 and January 6, 2023.
The man was arrested by the NSW Police Far North Coast Child Abuse Unit on February 15.
He has not entered pleas and his defence solicitor Tracy Randall moved to have charges thrown out.
She told the court charges should be dropped as they had not been certified.
Certification requires The Office of the Director of Public Prosecutions (ODPP) to evaluate and confirm charges are supported by the evidence.
Ms Randall argued the ODPP had been sitting on evidence for a significant period of time.
The Crown opposed the move and asked for an adjournment for certification.
The prosecution argued the ODPP was delayed because it wanted to charge the man with a more severe allegation which carries life imprisonment.
The court heard the alleged child abuse had been “an ongoing matter”.
Magistrate Michael Dakin said the prosecution “failed” to file necessary information within six months, leaving the possibility open for the charges to be dropped.
However, he said it was in the interest of justice to move forward with the case considering the severity of allegations.
The 50-year-old man has been charged with two counts of intentionally sexually touching a child 10 years or older and under 16 years and one count of having sexual intercourse with a child aged 10 years or older and under 14 years,
He has also been charged with two counts of intentionally carrying out a sexual act with or towards a child 10 years or older and under 16 years.
The case is due to return to the court on September 13.
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