Tewantin torture case: 12yo girl granted bail after two months in custody

A Sunshine Coast judge has outlined the reasons behind his decision on the bail of a 12-year-old girl who allegedly tortured another girl for hours on end, as a report will decide whether she is fit for trial.

Three girls were charged over the alleged torture of another teenage girl (middle) in a Tewantin hom in March, 2023.

A 12-year-old girl charged over her alleged involvement in the torturing of another girl in a Tewantin home has finally heard the outcome of her bail application after four adjournments.

The matter was mentioned in the Maroochydore District Court today, February 7.

Three girls, aged 12, 13 and 14 at the time of the incident, are accused of “luring” a girl into a home in March last year and torturing her for hours.

The 13- and 14-year-old girls, who cannot be identified for legal reasons, were represented by defence lawyer Jaimee Burns who told the court their matters could be listed for sentence, which was estimated to take two hours for the pair.

Judge Gary Long set the matters for sentence on March 22.

The other girl, who also cannot be identified for legal reasons, has been waiting for the outcome of a bail application since December 14 and was most recently waiting for NDIS funding to be approved after she was diagnosed with autism and low intellect.

Defence lawyer Luke Bell told the court they were awaiting a fitness report from a psychologist before it can be determined whether the matter will be listed for trial.

Crown prosecutor Sanaz Masoumi opposed bail and said the girl was still at a risk of reoffending if she was released from custody.

The three girls, who cannot be identified for legal reasons, were charged in March after they allegedly invited a 13-year-old girl (pictured right) to a Tewantin home and allegedly prevented from leaving, allegedly filmed her while being assaulted, allegedly taunted and cut with a knife over the period of several hours.

With funding secured, Ms Masoumi proposed if the teen was to be granted bail that she be ordered to engage in all support programs that NDIS can offer.

Ms Masoumi said the crown would be ready for trial after they obtained one final statement, if the 12-year-old girl was deemed fit for trial.

Judge Long said it would become a matter of whether she had the “capacity to understand the moral wrongness” and may have been “supporting the acts of others” during the alleged incident.

Judge Long told the court the girl was at risk of spending too much time in custody with no expectation of when the matter might be resolved.

He amended her bail application conditions to require the girl to engage in all support programs and granted bail.

Judge Long adjourned the matter to be mentioned on February 29.

The 12-year-old girl faces multiple charges including deprivation of liberty, assault occasioning bodily harm, assault occasioning bodily harm while armed in company, deprivation of liberty, armed robbery while in company used personal violence, enter dwelling and commit indictable offence, common assault and unauthorised dealing with shop goods. She has not entered a plea.

The second teen pleaded guilty to assault occasioning bodily harm, assault occasioning bodily harm while armed in company, deprivation of liberty, enter dwelling and commit indictable offence, armed robbery while in company used personal violence, common assault and unauthorised dealing with shop goods.

The third girl pleaded guilty to four counts of assault occasioning bodily harm, assault occasioning bodily harm while armed in company, deprivation of liberty, enter dwelling and commit indictable offence, armed robbery while in company used personal violence and wilful damage.

Originally published as Tewantin torture case: 12yo girl granted bail after two months in custody