Jack Blackburn’s lawyers want cross-examination hearing for rape allegations
A Rockhampton criminal lawyer accused of raping a woman multiple times hopes to hold a cross examination committal hearing this year.
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A Rockhampton criminal lawyer accused of raping a woman multiple times plans to hold a cross examination committal hearing this year.
Jack Anthony Blackburn, 36, was charged in early 2022 with two counts of choking and two common assault offences and four rape charges in February 2023.
Rockhampton Magistrates Court heard an update for the rape charges on July 24.
Legal Aid lawyer Oscar Millroy acted as town agent for Mr Blackburn’s lawyers, advising the court Mr Blackburn’s lawyers at Hannay Lawyers on the Gold Coast intended to apply for cross examination at a committal hearing.
Rape charges must be dealt with in the district court and for this to happen, however they must first go through a committal hearing in the magistrates court.
During the update in the Rockhampton Magistrates Court this week, the court heard the local practice involves the defence lawyer applying to the prosecution for the cross examination.
The court heard that if the defence and prosecution cannot agree on the scope of the cross examination, they would ask a magistrate for assistance.
Mr Blackburn’s rape charges were adjourned until August 14 for this process to take place.
His choking charges before the Rockhampton District Court are due to next be mentioned on August 9.
Crown prosecution had previously told the Rockhampton District Court it was likely the rape charges “will be joined and presented on a single indictment” involving the choking and the sexual allegations.
According to court documents, the alleged offences took place between March 2019 and December 2021 in Central Queensland and Far North Queensland.
Defence lawyer Samantha Legrady told Rockhampton Magistrates Court in June 2023 during a successful bail application that Mr Blackburn contested all of the allegations, including accusations he raped the woman while she slept.
“I am instructed by Mr Blackburn that the complainant didn’t take any sleeping tablets,” she said.
“And that she was in a previously terrible domestic relationship where she suffered severe anxiety and I’m instructed that if Mr Blackburn did get out of bed or did move, she would wake up.”
Ms Legrady said Mr Blackburn claims he weighs 100kg and challenged the allegations, saying if he had raped her, and finished as she alleged, “surely she would wake up”.
Police prosecutor Courtney Brown said one of the rape allegations involved consensual sex with consent withdrawn.
On June 19, 2023, a Legal Aid lawyer told Rockhampton District Court the rape charges concerned the same complainant in the choking and assault charges.
The district court on June 12 heard Hannay Lawyers had filed a subpoena for Services Australia to reveal Medicare documents.
Mr Blackburn’s bail has been enlarged.
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