High profile man accused of rape will have his identity kept secret after Brisbane court battle

The identity of a high-profile man accused of raping a woman will remain protected after a sweeping non-publication order against his name continued.

Tuesday’s development follows lawyers for the man filing proceedings in the Brisbane Supreme Court, just days after a magistrate found an existing non-publication order protecting his identity should be lifted.

The man is charged with two counts of rape, which police say stemmed from an incident in Toowoomba in 2021.

Until this month, Queensland laws preventing the identification of those accused of rape or sexual assault meant the man could not be named before he stood trial.

The state government recently repealed parts of a key piece of legislation, thereby repealing these protections.

The identity of a high-profile man accused of raping a woman in Toowoomba in 2021 remains protected

However, before the changes came into effect, the man’s lawyers successfully applied to the High Court for a non-publication order, allowing their client to remain protected from identification until arguments could be heard in the Magistrates Court over the question whether the order should remain in force.

After a lengthy hearing at the Toowoomba Magistrates Court on Friday, that order was revoked by Magistrate Clare Kelly.

In her decision, she found that there was no justification for upholding the order and that the evidence presented in support of the man did not show that the order was necessary to protect his safety.

At the High Court, the man’s lawyer, Andrew Hoare, argued that Magistrate Kelly had erred in finding there was no risk of harm happening to someone else.

He also argued that the magistrate took into account other matters not relevant to the proceedings in making her decision.

The court was told that a transcript of the proceedings, as well as an audio file, were not available to legal representatives.

The man’s lawyers have filed proceedings in the Brisbane Supreme Court (above) to protect his identity

High Court Judge Peter Applegarth asked how this was possible, noting that other media had likely recorded Friday’s proceedings.

He noted that he received an email at 3:43 pm on Monday requesting directions to “resolve the matter as quickly as possible.”

“I am investigating why a decision cannot be made quickly,” he said.

“You have since Friday to prepare for a judicial review.”

Judge Applegarth adjourned proceedings until October 26 and ordered a temporary stay of the non-publication order until that date.

During Friday’s proceedings in Toowoomba, the man’s legal team argued their client would be at significant risk of self-harm if his identity were published.

Robert Anderson KC, who represents several media outlets including News Corp Australia, told the court on Friday that the man had not turned up to testify before the sitting magistrate.

A change in key legislation could reveal the man’s identity (Photo: Rowan King – a lawyer on the man’s legal team)

He said the high-profile man had instead relied on his lawyers and psychologist to provide evidence on his behalf, noting that the man “appeared to keep quiet.”

Mr. Anderson argued that the defendant was willing to speak his own truth, but still asked the court to prevent the public from knowing who he is and to prevent open justice.

“He has voluntarily placed himself in a very public forum in a way that will inevitably expose all of his circumstances and require him to explain them,” Anderson said.