Former student had no involvement in ‘rape list’, court hears

A court has been told a stunning admission from an elite Gold Coast School about the creation of a “rape list”.

A student and his parents (represented by legal counsel Douglas Savage KC pictured) who have taken Emmanuel College to court have heard he was not responsible for the creation of a 'rape list'. Picture: John Gass

A court has heard that a boy expelled from Emmanuel College on the Gold Coast had no involvement in a so-called “rape list”.

The student was one of three boys expelled from the elite private school following the emergence of the list, which referenced schoolgirls, in October last year.

The boy and his parents launched civil proceedings following the school’s decision to expel him.

Legal counsel for the plaintiffs, Douglas Savage KC, told the Brisbane Supreme Court the student was expelled after he was blamed for creating lists including an alleged rape list.

The court heard an affidavit submitted to the court by Mr Savage raised concerns the defence would allege the student was involved in the creation of the rape list.

Plaintiff counsel Douglas Savage KC (right) leaving the Brisbane Supreme Court. Picture, John Gass

But when the matter appeared in court on Tuesday, the school’s defence team had a different take.

“The position is and it has always been our position that [the student] did not … start nor contribute to the rape list,” defence counsel Vincent Brennan said.

Mr Brennan later went on record to say the student did not create, did not participate in adding names and had no investment in the rape list.

Emmanuel College in Carrara on the Gold Coast. Photo: Ashleigh Jansen.

Justice Elizabeth Wilson noted that it seemed that the plaintiffs’ embarrassment was caused by the suggestion the student wrote a rape list and the defence denied that was the case.

“It might have been, if that had been made plain in the decision to expel him and in the letter that accompanied that to all the grade 10 cohorts and the families at school, we probably wouldn’t be here,” Mr Savage said.

Justice Wilson said that Mr Savage might want to have a discussion with his clients about how to proceed.

After a short adjournment, Mr Savage sought leave to discontinue with the proceedings.

He also sought to prevent access to court files so that affidavits and other materials could not be accessed.

The matter was initially scheduled for a three-day trial. It will return to the Brisbane Supreme Court on Thursday where the court will hear applications regarding costs.