Toowoomba high-profile rape case: What we can and can’t tell you
For months we have kept readers up-to-date with a rape case that is of significant public interest. This is what we can tell you so far.
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For months News Corp Australia has kept the community updated about a rape case that is of significant public interest.
It is a matter that has captured the attention of Australia’s media, who have descended on Toowoomba for repeated procedural mentions.
There is an crucial reason he remains unnamed.
Currently, Queensland law prevents media outlets from identifying people accused of sexual assault unless they are committed to stand trial.
Here is what we can tell you about the case so far, which has been mentioned before Toowoomba Magistrates Court seven times.
The man was issued with a notice to appear in court facing two counts of rape, and was first mentioned before a magistrate on January 11.
Despite being issued a notice to appear in court on that day, he failed to do so, prompting stern words from Magistrate Kay Ryan.
The man is still yet to appear in court, including the latest mention of the case on August 9.
Prosecutors confirmed in an April mention of the case that the brief of evidence had been provided to the defence.
In a mention of the matter in May, Crown prosecutor Sarah Dregorn asked for a lengthy adjournment to collect additional evidence, including a download of the complainant’s phone and a medical report.
The defence team asked for those phone downloads to be also provided to them, a request that is yet to be fulfilled.
In the latest appearance in August, it was determined that prosecutors would make a decision on that request in the coming days.
It will be mentioned again on August 23 when the decision is determined.
Police have alleged the two counts of rape relate to the same victim and occurred on October 10, 2021.
The restrictions around naming this offender could change if the Justice and Other Legislation Amendment Bill 2023 passes through state parliament.
One of the amendments is removing the restrictions in the Criminal Law (Sexual Offences) Act 1978, which prohibits the identification of an adult defendant charged with a prescribed sexual offence prior to finalisation of committal proceedings.
The amendment, which has the backing of DVConnect Women’s Legal Service Queensland, is intended to promote open justice around sexual offences.
The bill has been assessed by the Legal Affairs and Safety Committee and will return to state parliament on August 22.
Multiple media outlets launched a bid to have the accused named prior to being committed to trial.
A decision on this application is yet to be determined.