A high-profile man accused of raping a woman in Toowoomba has lost a legal battle to maintain his anonymity but his identity will remain secret pending an appeal.
An interim order preventing his name from being published will remain in place until Tuesday despite magistrate Clare Kelly on Friday dismissing the arguments made by his lawyers when seeking a permanent non-publication order.
That order was successfully opposed by numerous media companies, including Guardian Australia.
The interim order will remain in place until early next week so the man has time to file an appeal against Friday’s decision in the Toowoomba magistrates court.
The man is charged with two counts of raping a woman in October 2021, with the case working its way through early committal proceedings at Toowoomba magistrates court this year.
Until this month, his name had been protected under Queensland law, which prohibited media companies from naming accused sex offenders until they were committed to stand trial.
However, Queensland introduced new laws in September to allow the naming of accused sex offenders after they are charged. The change, which brings the state into line with most other states and territories, took effect earlier this month.
Media companies who successfully opposed the application for the non-publication order included ABC, Nine, News Corp publications, Network Ten and Guardian Australia.
Rob Anderson, representing the media companies, agreed to Friday’s temporary stay given the new legal ground being trod. “We’re doing the best we can in fairly unique circumstances,” he told the magistrate.
Crown prosecutor Nicole Friedewald did not agree the magistrate’s decision should be delayed until Tuesday but didn’t challenge her ruling.
The magistrate said she would formally hand down her decision next week without the need for a further hearing if a formal appeal had not been lodged by the Tuesday deadline.
“I have made it quite clear what my decision is and the basis for that decision,” Kelly said.
The defendant’s legal team also lost a bid to keep secret some details in their submission that they argued would reveal sensitive personal information – including details of a psychologist’s report.
Defence barrister Andrew Hoare argued on Friday that concealing his client’s identity was a “limited interference in the principle of open justice”. He said it was necessary to prevent the potential risk of self-harm.
Hoare presented a psychological diagnosis which described a “consequential deterioration” in his client’s mental health.
Kelly acknowledged the defendant’s “vulnerabilities” but noted he was not currently linked with a mental health professional nor was there any evidence he was being prescribed medication for his mental health.
Another lawyer for the man, Rowan King, has previously requested access to the alleged victim’s phone records, including six months of data before the date of the alleged offence.
Prosecutors are currently going through the phone data before deciding whether to agree to its release.
The next committal hearing in Toowoomba is scheduled for 1 November regardless of the outcome of the looming appeal regarding identification.
The Queensland government agreed to change its laws around the naming of accused sex offenders after accepting a recommendation last year from the women’s safety and justice taskforce.
The taskforce found there was no reason to treat those accused of sexual offences differently from those charged with other criminal offences, which allow alleged offenders to be named after they are charged.
