Boyd Bray: Second man to face trial on string of historical child sex charges

A man who is facing multiple allegations of sexual assault of minors more than two decades ago has had a hearing date listed for September at Penrith court. 

A man has made a late bid to have a separate trial to his co-accused, Boyd Edwin Bray, on historical child-sex charges. Picture: David Swift

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UPDATE

A man who is facing multiple allegations of sexual assault of minors more than two decades ago has had a hearing date listed for September at Penrith court. 

 

Boyd Bray will face the hearing on September 20 over the allegations.

The matter will first return to court for police mention on September 3 before the trial date on September 20.

Police indicated in Penrith court on Friday that interstate subpoenas have been issued in relation to the case.

EARLIER

BY PENRITH PRESS REPORTER ON SEPTEMBER 16, 2020

A man who police allege indecently assaulted and raped a 12-year-old boy in the late 1980s has made a bid to have a separate trial to his co-accused.

The man, who we will not name, and his co-accused Boyd Edwin Bray were both indicted by the crown last year on a string of child sex offences.

Bray is charged with seven counts of having sexual intercourse with a child under the age of 16, two counts of indecent assault against a child under the age of 16, and one count of having sexual intercourse with a child under the age of 18 in relation to allegations by two complainants between 1989 and 1997.

Boyd Bray is charged with 10 child-sex offences against two alleged victims between 1989 and 1997. Picture: File photo

The second man was also charged with one count of having sexual intercourse with a child under the age of 18 and one count of indecent assault against a child under the age of 18.

The majority of the allegations against Bray occurred in Luddenham.

During a pre-trial hearing, the second man’s lawyer said she was worried a jury would be prejudiced by the serious allegations against Bray.

“The case against Mr Bray is voluminous compared to that against (my client),” she said.

“There’s a real risk to justice because the case against my client runs a risk of being swamped or overpowered by the material in the case against Mr Bray.

“It will be hard for a jury to not view the case against my client through the prism of the hideous allegations against Mr Bray.”

Boyd Edwin Bray and his co-accused will face a jury at Penrith District Court next May. Picture: File photo

When asked by Judge Mark Buscombe whether certain evidence would be admissible in the case against the man, the crown prosecutor said it would be only in the situation to help portray the behaviour of one of the alleged victims.

However, Judge Buscombe had questions about that answer.

“Would conduct with a third party of a sexual nature, to which the defendant had no awareness of be admissible? I’d have problems with that,” Judge Buscombe said.

“I’m struggling with the potential flow-on prejudice to the defendant. With the subject matter of this trial, it’s difficult to see how a layperson would not make the link between the defendant and Bray who allegedly did these shocking things.”

Judge Buscombe set a tentative trial date for the two men of May 3. He will make a determination on whether the man gets a separate trial next week.