Alleged rapist bailed after ‘predatory’ Kingaroy attack
A MAN was granted bail after he was allegedly seen dragging a young woman down a Kingaroy street before raping her, a court heard.
The man, who cannot be named for legal reasons, had his case mentioned in Murgon Magistrates court on October 20, after he was charged with one count of rape.
Police prosecutor Sergeant Pepe Gangemi said "the actions of this particular individual were predatory in nature".
"He has focused his attention on the victim and has been seen dragging her through the streets," Sgt Gangemi told the court.
According to Sgt Gangemi, one of the four witness recalls hearing someone "call out", which caused him to investigate the commotion.
"The risk is in his brazenness of offending and that, respectfully, there are no conditions the court can impose that would ameliorate the risk to other young women in the community, where he would be able to be at large," Sgt Gangemi said.
"It the brazenness in which he's targeted this young woman, who was unknown to him before that night. It's the brazenness of his actions in the face of witnesses."
"That brazenness is where the risk lies."
According to defence lawyer C.J. Main, the defendant has no prior history and so it cannot be assumed that he would risk of reoffending, or that he would attempt to interfere with the witnesses' or complainants' testimonies.
"The position for a bail application is to assess risk and not to essentially trial the charge," Mr Main said.
"My client is charged with rape, which is an objectively serious offence, but that doesn't mean he couldn't be afforded bail."
"That being said, there are a number of conditions I'd propose, which in my view would reduce any risk - knowing that all bail application aren't without risk - and that's to have him living in the Gold Coast area, some way away from Kingaroy."
He also suggested a "no contact" condition, which would prevent his client from contacting any of the witnesses or the victim prior to sentencing.
"My friend raised the predatory nature and dragging her through the streets, and other particulars of the offending, but that's one interpretation of some information that's been disclosed," Mr Main said.
Despite the objective seriousness of the alleged offence, Mr Main said such details are a matter for the trial and not a matter for determining whether or not his client should go free today.
"He's not in a show cause position, he's young, he has support networks around him, and he has no criminal history," he said.
"So there's no evidence before the court today that he's going to commit further offences."
Sgt Gangemi said if bail were to be considered, he would suggest the defendant by barred from all licensed premises.
"Our thrust is that this was a targeted incident on a young person, and (the Gold Coast) will be flushed with licenced premises and easy pickings," he said.
In response, Mr Main said while the defendant allegedly acted in a predatory manner towards one person in particular, barring him from all licensed premises is "unreasonable", since there is no evidence to suggest his client is going to be "tracking down young women at bars".
Magistrate Andrew Sinclair granted the defendant bail under the condition he take up residence outside Kingaroy, and only return for court purposes. He must also abstain from contacting the victim or any of the witnesses.
"These conditions should go a considerable way to ameliorate the risk that he poses to others," Magistrate Sinclair said.
The case was scheduled for a committal mention at Kingaroy Magistrates Court on December 14.