Alleged rapist lived with three children for months in Gayndah
AN ALLEGED Gayndah rapist has been permitted to live at an address with three kids after another magistrate previously denied the same request.
The defendant, who cannot be named for legal reasons, faced the Charleville Magistrates Court on December 8, 12 months after he was charged with two counts of rape.
Solicitor Frank Jongkind told the court the defendant has been wound up with his Legal Aid application since the inception of the charges.
"I have spoken to [the defendant] in relation to the absolute need to progress these charges, and he says that he won't leave Charleville until he's completed his necessary papers for Legal Aid application," Mr Jongkind said.
Magistrate Peter Saggers said it was the defendant's fault that the case has been in the courts this long.
"These are really serious offences, you understand that, don't you?" Magistrate Saggers said.
"They carry with them significant punishments."
But police prosecutor sergeant Caroline Boodnikoff said she needed to raise the issue of the defendant's bail address.
"The nature of other addresses that the defendant has attempted to reside at, in previous bail proceedings, the prosecution submission was that they were unsuitable, due to the nature of the charges and the fact that children reside there," Sergeant Boodnikoff told the court.
"He's now gone before a different magistrate in a different Magistrates Court jurisdiction... and the bail address that he's been bailed to has three children living there."
The defendant's baby also lives at this Gayndah address.
"The prosecutions obviously hold serious concerns about him residing there," sergeant Boodnikoff said.
Magistrate Saggers said he wants the defendant to return to court on the same week to see that the paperwork has been completed.
The defendant then requested to change his bail address to another address in Gayndah, which Magistrate Saggers did.
On the next day, December 9, the defendant told the court he signed his new bail, Legal Aid, Centrelink forms, and rates notice.
He said it just needs to be posted.
But the defendant needs to pick up his brief from Mr Jongkind before the next sitting.
Magistrate Saggers adjourned the case to February 9, 2021, for a committal hearing, as the rape charges need to be sent to the District Court.