Chef Matthew Rawlinson attempts to change guilty plea over sexual assault charge without appearing in court

A judge has called an application to change a guilty plea over a sexual assault “half-baked,” as the accused Hamilton chef fails to appear in court.

A judge has called a six-month wait “ludicrous” as a Hamilton man drags out legal proceedings in a bid to change his previous guilty plea over a serious sexual assault allegation

One-time up-and-coming chef Matthew Rawlinson was set to face the County Court on June 5, but failed to show his face for the application to change his plea.

In reference to the medical certificate admitted to the court by Rawlinson, Judge John Smallwood labelled it vague, saying “he could have a headache for all I know”.

Rawlinson had previously pleaded guilty to charges of alleged sexual assault, threat to inflict serious injury and assault in 2022, after he allegedly attacked a woman in Hamilton in 2020.

Rawlinson’s lawyer James Portelli, told the court his client intended to be psychiatrically assessed to support his application to change his plea.

The proposed date of the assessment, November 14, was however, cause for complaint for Judge Smallwood.

“That’s absolutely ludicrous for a psychiatric assessment to be in six-months time,” he said.

“My understanding was that Mr Rawlinson proposed to change his plea six months ago, and in that time nothing has been done.”

In an attempt to justify the delay, Mr Portelli said Rawlinson had “lost contact with his instructor,” saying he did want to progress the matter.

Not satisfied with a further six-month wait, Judge Smallwood said he would hear the application in the Warrnambool circuit court next month.

“It will be determined,” he said.

“If there is no appropriate material before me then, this application will be struck out.”

Judge Smallwood implored Mr Portelli to make sure Rawlinson knew the potential implications of his actions.

“If he runs a trial and loses, he is going to jail for an extended period of time,” he said.

“And if he runs a trial and is found not guilty due to mental impairment, the sentencing judge will have no option but to lock him up.”

Despite his warning, Judge Smallwood was decidedly unimpressed with the outcome of the morning.

“At this point, this looks like a half-baked attempt to get off on mental impairment,” he said.

“This is the end of the line for this. It’s up to him now, if it’s fair dinkum.”

Rawlinson, who the court heard works as a chef, was charged in June 2020.

Police allege he assaulted a woman and threatened her with violence before sexually assaulting her.

He had previously sought to take the matter to trial, but the matter was resolved on the morning it was set to commence.

The matter has now been adjourned to the Warrnambool Circuit Court in July.

[e-mail]