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Controversial victory for high-profile Australian accused of rape as secret case against him returns to court
A Queensland magistrate has denied or postponed requests by major media companies to reveal the identity of a high-profile man accused of rape.
The case of the man, who faces two counts of raping a woman in October 2021, was brought up for the second time at Toowoomba Magistrates Court on Thursday.
Lawyers for News Corp, Seven and Nine and ABC networks have asked Judge Kay Philipson to use her discretionary powers to grant a waiver to the Queensland Sexual Offenses Act which prohibits naming individuals accused of rape unless and until be sent to trial.
A high-profile man accused of rape has had a second hearing before a Queensland court
Ms Philipson said it was written into the “strict construction” of the law that she could not use those powers unless the matter proceeded to a commitment hearing.
‘I’m not doing more on this citation than determining where the procedures are and what the next step is. I will not hold an engagement today, I will not take witnesses today,” she said.
The high-profile man was excused from appearing in person and his lawyer Andrew Hoare said there were problems with some elements of the prosecution’s electronic evidence file not working.
Hoare said prosecutors had sought a forensic download of evidence and that his client’s legal team would need six weeks to examine the prosecution’s evidence brief.
Ms Philipson granted a request for adjournment of the matter to 5 April at Toowoomba Magistrates Court and extended the defendant’s bail.
The media organizations’ lawyer, Xander Croft, said his clients would proceed with their request to name the defendant.