North Queensland man David Giuseppe Grimaldi has rape trial transferred from Mt Isa to Townsville District Court

A man’s upcoming trial has been transferred to a Townsville court after the judge ruled him as so well known it would impose difficulties for it to be held in his hometown.

North Queensland man David Giuseppe Grimaldi has rape trial transferred from Mt Isa to Townsville District Court Picture: Shae Beplate.

The rape trial involving a man who is ‘sufficiently well known’ in his community has been transferred to a Townsville court following the man’s legal representation submitting it would be a waste of resources to have it held in his hometown.

Defence barrister Claire Grant instructed by Anderson Telford Lawyers appeared in Townsville District Court on Monday morning on behalf of Mt Is man David Giuseppe Grimaldi.

Mr Grimaldi has been charged with four counts of rape and one count of sexual assault, with the offences allegedly having occurred in Mt Isa in 2021.

Ms Grant applied for the trial to be transferred from Mt Isa to Townsville on the basis that the defendant and his family were known in the community and she said “previous legal matters” had been held in a Mt Isa court that resulted in difficulties in empaneling a jury.

Crown prosecutor Shannon Sutherland said the change of location application was not opposed.

Judge Gregory Lynham recounted the obstacles that came with the man’s last legal proceeding and said he had been tried for unrelated offences.

“He was last tried in relation to offences in the Mt Isa District Court in 2019, that trial ultimately resulted in a hung jury. Following that outcome the applicant’s charges were then transferred to Townsville and were ultimately dealt with in the Townsville District Court,” His Honour said.

He said Mr Grimaldi’s transfer application relied on the remarks made by Judge Loury KC in the Mt Isa District Court.

“(Judge Loury) expressed concerns after discharging the jury that there were a number of potential jurors who knew the defendant or members of the defendant’s family and that it was obvious perhaps two of the jurors were aware of legal matters involving the Mt Isa City Council and some enquiries involving other allegations of sexual harassment,” Judge Lynham sad.

“(Judge Loury) expressed the view there was some considerable difficulty in the matter remaining in Mt Isa and that there had been considerable difficulty empaneling a jury of 12 persons in light of a number of people who had some knowledge of the applicant.

“I’m satisfied with the evidence before me that the applicant is sufficiently well known in terms of his long connection in the Mt Isa community as is his family and that in itself in prejudice to receiving a fair trial had the trial be conducted in Mt Isa.”

He also noted that if the trial remained in Mt Isa it would not be held until 2025.

Judge Lynham enlarged Mr Grimaldi’s bail and the trial is expected to take place November 4, 2024 in Townsville District Court.

Originally published as North Queensland man David Giuseppe Grimaldi has rape trial transferred from Mt Isa to Townsville District Court