Barrister Cliff Crawford represented one of the accused rapists in Brisbane Magistrates Court on Friday. Photo: Tony Moore The alleged victim had been out with friends at Boundary Street, West End. Photo: Michelle Smith
One of the men accused of the alleged violent rape of a 20-year-old woman, which left her blacked out and bleeding at South Brisbane in April 2011, will remain behind bars until at least the end of January after bail was refused on Friday morning.
Police outlined DNA evidence found at the scene an on the young woman’s underclothes which they said showed police had a “strong case” against the 24-year-old man from Auchenflower who had applied for bail in the Brisbane Magistrates Court.
Police prosecutor Sergeant Matt Kahler told the bail hearing the evidence against the defendant was strong.
“(The victim) suffered horrible injuries,” he said.
Sergeant Kahler said DNA from the victim’s underpants and a cigarette in the area near the crime scene matched the DNA of the defendant, who cannot be named for legal reasons.
Sergeant Kahler told the court the victim “blacked out” and was found “bleeding down her legs”.
“She was a virgin at the time of the offence,” he said.
Sergeant Kahler said the accused 24-year-old bar worker spent time in New South Wales and was an “unacceptable risk” of not returning to court if bail was granted.
The 24-year-old’s barrister, Cliff Crawford, applied to have the court refuse the publication of the graphic details of the allegations.
That was refused by Magistrate Robert Walker.
Mr Crawford said his client only visited friends in New South Wales and lived with his mother in Brisbane.
He said the man’s family had offered to pay a financial surety to allow their son to be granted bail and that he had travelled during an apprenticeship.
Mr Crawford acknowledged “they were serious offences”.
Mr Walker said police submissions were evidence of “a strong case” and decided against granting bail, largely on the basis of the serious of the injuries during the “violent rape” and the evidence submitted by police.
“It is at the most serious end of the spectrum of the offence of rape and the case against the defendant is strong,” he said.
Mr Walker noted the accused man had no criminal history and had never fled bail.
However, after taking time to consider applications from both the police and Mr Crawford on behalf of the 24-year-old accused, Mr Walker ruled against bail.
He noted the “degree of violence against the victim” and the possibility the 24-year-old may flee.
“It is not acceptable for the community to accept that risk,” he said.
“So for these reasons I refuse bail.”
The 24-year-old was remanded in custody to re-appear on January 30, to face three charges of rape, two charges of sexual assault while in company and deprivation of liberty.
Police will allege the 24-year-old was one of two men who raped a 20-year-old woman in Manning Street South Brisbane on April 15, 2011.
About an hour afterwards a second Brisbane man, a 32-year-old from Ashgrove, appeared briefly in the Roma Street Magistrates Court on after being extradited from New South Wales on Thursday.
He is also charged with three counts of rape, two counts of sexual assault while in company and deprivation of liberty connected to the 2011 South Brisbane rape.
The tall 32-year-old Ashgrove man, with short dark hair wearing a dark green jumper, nodded briefly from the dock and mouthed words towards three people in the court; two woman and a man.
One woman blew kisses back to him. They made no comment as they left court.
The 32-year-old was remanded until January 10, 2017 when he will apply for bail in the larger Brisbane Magistrates Court.
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