Brett David Hill granted judge-alone trial in the kidnapping and sexual assault of an 11-year-old girl
Brett David Hill, 48, who pleaded guilty to abducting and sexual assaulting an 11-year-old girl on her way to school at Adamstown Heights last year, has been granted a judge-alone trial.
Newcastle
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A man who has pleaded guilty to kidnapping and raping an 11-year-old girl at Adamstown Heights last year, has been granted a judge-alone trial due to the potential for prejudicial publicity.
Brett David Hill, 48, admitted to abducting the Newcastle schoolgirl on her way to school through Hudson Park on June 12, 2018, and sexually assaulting her repeatedly in nearby bushland, during a five-hour ordeal.
Hill has pleaded guilty to charges, including aggravated sexual assault, detaining a person for advantage and possession of child abuse material, but has pleaded not guilty to other allegations including indecent assault, using scissors as an offensive weapon and attempting to have sex without the victims consent.
In Newcastle District Court on Thursday, Hill’s defence made an application for a judge-alone trial, which was opposed by the crown, due to the amount of local media interest and publicity the case had attracted.
Judge Ian Bourke SC granted that application, ruling that he was ‘satisfied in the interest of justice’ that the trial should proceed without a jury.
“I accept there has been a good deal of pre-trial publicity and more will be attracted, particularly in the local area, “ he said.
Deputy Senior Crown Prosecutor Lee Carr SC sought to use evidence relating to Hill’s guilty pleas to establish he had sexual interest in the victim and acted upon that.
But the Court would not permit the evidence to be used in that way, but said it is admissible in the trial to establish his state of mind on that day of June 12.
Hill is set to stand trial on October 8, but it could be delayed a week as the defence seek documents concerning Medicare records.