Court prohibits naming of high-profile Toowoomba rape accused

A well-known Australian was charged with two counts of rape in January but his identity has again been suppressed despite a Queensland magistrate refusing him a non-publication order.

High profile man was charged with two counts of rape in January over an alleged attack in Toowoomba, west of Brisbane, in October 2021.

A well-known Australian charged with rape will launch new action in Queensland’s Supreme Court to keep his identity suppressed.

The high profile man was charged with two counts of rape in January over an alleged attack in Toowoomba, west of Brisbane, in October 2021.

Toowoomba Magistrate Clare Kelly was poised to lift an interim suppression order on the man’s identity on Friday afternoon, but delayed her decision until Tuesday so his lawyers can apply to the Supreme Court.

Last month, Queensland parliament passed laws allowing the naming of accused sex offenders once they are charged.

The media has been barred from naming the man during a number of court appearances this year, because previous laws protected the identity of people charged with serious sexual offences until they were committed to trial.

The man’s barrister, Andrew Hoare, said his client had experienced suicidal ideation on “multiple occasions” during the past two years and was in danger of self-harm if the non-publication order was lifted.

“There is a real existing risk of harm, which would be amplified by the publication of (the man’s) identifying particulars,” he said.

Mr Hoare also argued the identification of the man could prejudice his case and taint the jury pool.

The prosecution and media outlets, including The Australian, fought in court on Friday to remove the non-publication order to allow the man to be named.

Barrister Robert Anderson KC, representing the media outlets, argued it would be an “extraordinary decision” to go against the principles of open justice and the man had no automatic protection under new laws.

The man was not present in court for the hearing, and remains on bail.

Prosecutor Nicole Friedewald said the alleged victim wanted the man named.

The woman told police that when she saw a photo of the man, she realised he was the same man she alleges had unprotected sex with her after they met in a Toowoomba nightclub in October 2021.

The woman says that just over six weeks later, in November 2021, she was at home speaking with her flatmate’s mother when the conversation turned to a recent national scandal.

The woman then did an internet search of the scandal on her phone and saw a face come up that she recognised as the man she had met at the Toowoomba nightclub.

The following day she reported the matter to police and later provided a formal witness statement.

The man allegedly had consensual sex with the woman that night but failed to wear a condom when they had sex twice the next morning. Failing to wear a condom without a partner’s permission is considered sexual assault under Queensland law.

The man’s lawyers have sought access to thousands of pages of data and messages from the woman’s phone, for up to six months prior to the date of the incident.

The Australian understands the man intends to plead not guilty to the charges.