Instagram ‘stalking’ could be criminal, equestrians hear: court

Two equestrian riders face stalking charges over allegations they monitored a woman’s Instagram profile despite being blocked.

Callum Buczak has pleaded not guilty to rape, and a magistrate will decide if a stalking charge against him should be thrown out. Picture: Facebook

A magistrate will decide if secretly monitoring someone’s Instagram account after being blocked is criminal behaviour in charges related to an equestrian star charged with rape.

Callum Buczak and his girlfriend Alexandra McDonough, both professional equestrians, are each charged with stalking a woman throughout 2019 who alleges she was raped by Mr Buczak in February that year.

The Melbourne Magistrates Court on Monday heard that five charges had been dropped against Mr Buczak and Ms McDonough, leaving one charge each of stalking.

Callum Buczak and his partner Alexandra McDonough are accused of stalking a woman who alleges she was raped by Buczak. Pictures: Facebook

Mr Buczak will stand trial accused of rape in the County Court. He has pleaded not guilty.

Police allege Ms McDonough stalked the woman by “using several Instagram accounts to surreptitiously trace the online activity of (the alleged rape victim)” after her account had been blocked from February 14, 2019, to March 2, 2020, and sent information to Mr Buczak..

Police allege Mr Buczak encouraged and assisted others to send him screenshots of the alleged victim’s Instagram activity after he had been blocked from February 28, 2019, to December 6, 2019.

Equestrian competitor Callum Buczak will stand trial accused of rape in the County Court. Picture: NCA NewsWire / David Geraghty

Alexandra McDonough is accused of stalking a woman by using secondary accounts to look at her Instagram when Ms McDonough had been blocked. Picture: Facebook via NCA NewsWire

Ms McDonough’s lawyer Mark Gumbleton argued on Monday that monitoring the alleged victim’s Instagram page did not constitute stalking.

“It is not conduct that is capable of attracting criminal sanction,” he said.

The hearing, which will assist magistrate Bernard Fitzgerald rule on if each stalking charge against Mr Buczak and Ms McDonough will proceed or will be thrown out, continues Thursday.

Originally published as Instagram ‘stalking’ could be criminal, equestrians hear: court