Man in custody over shocking sex attack allegations
A WHITSUNDAY man has made a second bid for freedom, seeking bail over allegations he raped his partner before threatening to kill her and dump her body in crocodile infested waters.
The 45-year-old man is accused of six charges including multiple counts of rape in the region early last year.
"Do you know how easy it is to kill you?" it is alleged he said to the woman before briefly choking her during a prolonged violent sexual attack.
After he was denied bail in Proserpine Magistrates Court the man, who cannot be named for legal reasons, took his fight to the Mackay Supreme Court where the shocking allegations were laid bare.
The court heard the pair had a lengthy relationship that was, at times, marred by instances of alleged domestic violence.
In mid-March last year it is alleged he insisted she have sex with him, and when she refused he became violent and raped her for a lengthy period of time.
The court heard he then squeezed her neck with both hands.
"She alleges that she's gasping for air and couldn't say anything … and caused her to stop breathing only for a few seconds and then he stopped," Justice Graeme Crow said during a bail application.
"(She) alleges that (he) was making intimidating threats during the entirety of this affair including threats that he was going to kill her, wrap her body up and take her to crocodile-infested waters, claiming that no one will ever find out and her kids will be left without their mother."
The court heard he allegedly raped her again for about 30 to 45 minutes before letting her go and falling asleep.
She was able to call police in the morning after the attack began.
Crown prosecutions objected to bail on the grounds the man was a risk of reoffending, failing to appear and interfering with witnesses, but the man's lawyer said any risks could be mitigated with bail conditions including residing away from the Whitsunday area.
Due to the nature of the charges the man was in show cause position, meaning the onus was on him to prove why being detained in custody was unjustified.
Justice Graeme Crow found the man had not shown cause and denied bail.