Magistrate adjourns case of teenager accused of raping woman in Manunda home

DNA evidence may not appear in Queensland courts for at least two years potentially delaying an alleged gang rape case that shocked the region earlier this year.

One of three boys accused of the rape of a woman in her Manunda home in February appeared via video link in Children’s Court yesterday before a Cairns Magistrate.

DNA evidence may not appear in Queensland courts for at least two years potentially delaying an alleged gang rape case that shocked the region earlier this year.

One of three teenagers accused of allegedly raping a woman in her Manunda home during a break-in earlier this year has appeared again in the Children’s Court, with a magistrate questioning when forensic DNA test results might be available.

The three boys, two aged 15 and one 16, are remanded in custody in different juvenile detention centres, and each boy is facing charges of rape, deprivation of liberty and break and enter over the alleged rape of a woman in the early hours of February 21 while her husband was allegedly held at knifepoint.

Defence lawyer Mark Zeller said he was waiting on DNA testing results and needed to review additional footage and evidence provided by the police this week before the matter could progress.

Magistrate Sandra Pearson said there had been no forensic testing carried out for two weeks in Queensland’s Forensic Sciences laboratories and she was “told we won’t get DNA results in this court for two years at least”.

The boy’s matters must go to a higher court to progress, either by way of a hand-up committal, where it is conceded there is a case “on the face of it”, or a committal hearing is held to allow evidence to be tested in the Magistrate’s Court.

Three teenagers accused of rape and deprivation of liberty will have their matters heard again in coming weeks in July as their lawyers consider the police evidence against each boy, and await DNA testing results.

Ms Pearson said if there was a “prima facie” case based on the initial police evidence, the boy’s matter could be committed to the higher court.

She said the DNA testing results might be given a higher priority for processing if the teenager’s matters were listed in the District Court.

Ms Pearson adjourned the boy’s matters for further mention on July 8.

Both other boys’ matters will also be mentioned in the Children’s Court in July, with one appearing again in court on July 10 and the third on July 24.

Forensic Science Queensland “paused operations” recently following contamination concerns, a development announced by Attorney-General Deb Frecklington on June 20.

Earlier this week a spokeswoman for Ms Frecklington said a $50 million outsourcing program was in place to clear the backlog of cases.

“The delays to DNA testing caused by Labor’s DNA debacle are unacceptable and it is why the Attorney-General initiated an independent review into Forensic Science Queensland in her very first week in office, followed by a $50 million outsourcing program to clear Labor’s backlog,” she said.

“The Crisafulli government refuses to sit by while Labor’s DNA delays deprive Queenslanders faster access to justice and we will stop at nothing to deliver justice for victims and rebuild Queensland’s forensic testing services to a world-class standard.”

Originally published as Magistrate adjourns case of teenager accused of raping woman in Manunda home