Ben Shields: Former Dubbo Mayor appears in court for the first time

A former mayor, charged with an historical rape charge, has fronted court for the first time. See what unfolded in court here.

A former Dubbo mayor — who is alleged to have raped an 18-year-old school student while serving as a local councillor in 2002 — has appeared for the first time in court.

Ben Shields, 41, fronted Penrith Local Court on Friday, following his arrest on June 28 this year.

He was charged with sexual intercourse without consent and possessing a conversation obtained by a surveillance device.

Former Dubbo Mayor Ben Shields appeared in Penrith Local Court on Friday, October 21. Photo: Jake McCallum

According to documents tendered to court, Shields is alleged to have raped the alleged victim during a threesome on New Year’s Eve in 2002.

The alleged victim, who lived in Orange, was invited to Dubbo by a friend of Shields and the trio drank together throughout the night while attending Dubbo RSL and the Amaroo Hotel.

Upon returning to Shields’ home after midnight, the alleged victim was asked by a witness to “come to our room and hang out”, to which he obliged.

“Upon the victim getting to the bedroom, [Shields] was in a state of undress before [he] told the witness and the victim to get undressed to which they all did willingly,” documents tendered to the court allege.

“The trio engaged in a threesome where they performed consensual acts on each other.

After the witness and alleged victim had sex, Shields is alleged to have positioned himself behind the man, engaging in a similar act which was consensual to begin with.

Former Dubbo Mayor Ben Shields.

According to the court documents, a short time later the complainant withdrew his consent due to pain, and allegedly told Shields: “Stop, I don’t want to do it anymore, it hurts”.

Shields allegedly continued to penetrate the man against his will, telling him “it will get better”.

However, the teen allegedly told Shields to “stop f**king me”.

It is alleged the witness saw the alleged victim’s face “in a state of distress”.

The trio then slept in the bed that same night, as the victim allegedly told police he was “pretty tired and drunk at that stage, and it didn’t take much for me to fall asleep”.

Police documents also alleged last year the man saw a Facebook post which was made by then-mayor of Dubbo, Stephen Lawrence, which featured Shields.

Documents explain after seeing this, the alleged victim disclosed the what allegedly occurred in 2002.

He and the witness in the sexual act both provided statements in relation to the allegations against Shields.

On June 21, after a successful warrant, investigators lawfully recorded a seven minute phone call between Shields and the alleged victim.

Former Dubbo Mayor Ben Shields appeared for the first time in court, facing a historic rape charge.

Shields is alleged to have told him “would an apology or settlement or anything like that help?”.

He was then arrested a week later and taken to Dubbo Police Station.

On Friday, Shields’ lawyer Kimberley Norquay-Evans submitted a bail variation to Magistrate David O’Neil.

Ms Norquay-Evans reapplied for Michael Catelotti to be removed from a non-contact condition for her client’s bail.

“He is not a direct witness to the event,” Ms Norquay-Evans said.

Former Dubbo Mayor Ben Shields. Picture: Dylan Robinson

“There is no issue with regard to [Mr Catelotti] speaking to Shields in regards to any collusion.”

Ms Norquay-Evans told the court her client was “lifelong friends” with Mr Catelotti and the pair regularly support each other with mental health issues.

“Shields is helpful [with] Mr Catelotti’s business, [he] has since not been able to do that.”

Police prosecutor Sergeant Adam Young opposed the variation, highlighting bail concerns.

“The evidence that each person will be tested at trial … by allowing contact will undermine that test at trial,” Mr Young said.

“It’s a very serious matter and [the decision] will come down to the witness testimonies.”

Ultimately, Magistrate O’Neil said it was “completely inappropriate” to allow Shields to be able to speak to Mr Catelotti “in any way”.

“[Shields] faces a very serious allegation, an historical matter … and seems likely to me … [it] will go to trial.

“The bail … will be in place for a significant amount of time.”

Magistrate O’Neil questioned Shields’ request to allow him to speak with Mr Catelotti.

“Secondly I don’t want to sound too trite in saying that applicants for bail are regularly, in the experience of courts, happy to agree to very restrictive conditions to get their liberty,” Magistrate O’Neil said.

“And then of course seek to water those conditions down over time.

“A bailee [obviously] has a right to bring applications for variation [but] having said that in my view the original agreement to the bail condition, the non contact bail condition so far as it relates to the business interest, or the business of Mr Catelotti is a matter the applicant would have been fully aware of when he agreed to that bail condition.

“He would have known full well the extent to which he was involved in the business of Mr Catelotti.”

In addressing Ms Norquay-Evans’ submission about mental health, Magistrate O’Neil said there was “no evidence … objectively” proving Shields’ need to converse with Mr Catelotti.

Magistrate O’Neil continued, highlighting a conversation between Shields and Mr Catelotti in the lead up to the former Dubbo Mayor being charged.

“It is completely inappropriate for an accused person to discuss evidence … comments made in a witness statement, what occurred in an interview with a witness,” Magistrate O’Neil said.

The application was refused and the matter will return to Penrith Local Court on November 4.