Yamba’s Lachlan Bate, 35, pleads not guilty to raping man near Lismore in northern NSW, judge-only trial underway
A Grindr tryst gone sour has been aired in a Lismore court as a Clarence Valley realtor fights a spate of sexual assault charges at trial. Here’s the latest.
Regional News
Don't miss out on the headlines from Regional News. Followed categories will be added to My News.
A drug and alcohol fuelled Grindr dating app tryst gone sour has been aired in a Lismore court as a Clarence Valley realtor fights a spate of sexual assault charges at trial.
Defendant Lachlan Charles Bate suggested he could release videos of a hook up between himself and the other man against his will, prompting the serious sex assault accusations, the court heard.
Bate, 35, has been facing Judge Timothy Gartelmann in a judge-only trial, which began in Lismore District Court on Monday.
He has pleaded not guilty to 10 charges – six counts of sexual touching without consent and four counts of sexual intercourse without consent.
Bate’s parents sat in the public gallery in support on Wednesday.
The complainant, who cannot legally be identified, claims he was assaulted when he met Bate, from Yamba, for a night of drinking alcohol, and consuming methamphetamines (ice) and GHB, the court heard.
Defence lawyer Ben Cochrane called on three witnesses who know Bate. They were legally forbidden from being identified by a non-publication order.
Bate sexually assaulting someone would be grossly “out of character”, they agreed in court.
The complainant met Bate on Grindr and they arranged to meet at a venue for drinks. The men then ventured to a property near Lismore, where no one else was home, and the alleged victim provided drugs and alcohol, the court heard.
It was later claimed by the alleged victim Bate videotaped himself “doing things” to him.
The defence told the court the alleged victim failed to recall details and circumstances surrounding charges.
Videos obtained by police did not reliably show a time frame of alleged offending, the court heard.
Mr Cochrane said there was a discrepancy in time between the complainant’s recounted order of events and those in video file metadata.
Police Officer in Charge Detective Sergeant Michael Knight was called to give evidence and told the court he received video files on a USB thumb drive and did not have the originals from Bate’s phone.
When questioned about drug use surrounding the allegations, the officer said he had no knowledge.
Crown prosecutor Kate Biffin said watches worn by the men and seen in the video were used to determine timing and sequence of events, but some angles in the video made that difficult.
The alleged victim made two separate police statements in which he could not recall details around accusations, the judge heard.
Mr Cochrane told the court the alleged victim’s evidence was not credible, he lied to police, could not recall events and acted out of anger because Bate said he said he could release a video of them engaging in sex acts that would make the complainant “uncomfortable”.
“We need to consider whether the victim is telling the truth,” Mr Cochrane told the court.
Forensic pharmacologist Petra S Van Nieuwenhuijzen was called as an expert witness and said a combination of drugs could increase the risks of adverse impacts and mental health defects.
She said the men would still have been affected the following day, and some people can behave and appear to be functioning even though they may be in an alcohol-induced “blackout phase”, which can impact memory.
The trial continues.
Northern NSW realtor fighting slew of sex crime allegations
Wednesday, July 24: A Clarence Valley realtor is fighting allegations he raped a man in the Northern Rivers.
Yamba’s Lachlan Charles Bate, 35, faced Lismore District Court on Monday and again on Tuesday.
The 35-year-old man was arraigned and pleaded not guilty to 10 charges in total.
Allegations include six counts of sexual touching without consent, as well as four counts of sexual intercourse without consent.
On Tuesday, Bate appeared before Judge Timothy Gartelmann for a judge-only trial,
Witness evidence has so far been given in closed sessions to protect identities, including that of the alleged victim.
Police allege Bate was living at Yamba when he sexually assaulted the man almost two years ago, between 3am and 4am on August 28, 2022.
All allegations relate to the same date and location west of Kyogle, near Lismore.
The trial continues.
Got a news tip? Email catherine.piltz@news.com.au
Grief tears through Coffs after missing woman’s tragic death
“Rest easy in the Dreamtime”: Tributes are flowing from a heartbroken community after a woman reported missing was found dead on the Coffs Coast.
Read more
Named: Qld man accused of shooting up northern NSW home
Police allege a Qld man fired bullets into a northern NSW home in a drive-by shooting – narrowly missing a child’s head – after a drug and gun deal went bad. Two more men have already been sentenced.
Read more