A Queensland magistrate has ruled that a high-profile man accused of rape can be publicly named but has temporarily protected his identity pending an appeal.
Toowoomba Magistrates Court on Friday heard an application for an ongoing non-publication order that would prohibit media outlets from naming the man unless and until he was committed to stand trial.
The man, who was not required to appear in court and remains on bail, faces two counts of raping a woman at Toowoomba, west of Brisbane, in October 2021.
Magistrate Clare Kelly determined that media naming the man would not prejudice any potential trial or excessively risk his mental health or safety,
However, Ms Kelly agreed to grant a temporary stay on identifying the man until 4pm on Tuesday unless he files an appeal or other court action before that deadline.
"I would seek wording on the order ... I haven't dealt with one of these applications before," Ms Kelly said.
Queensland courts have received several similar applications since the state changed its laws this month to allow the naming of people charged with certain sexual offences before trial.
The decision in at least one other case has been reserved for at least a week.
But magistrate Clare Kelly said on Friday that she had "no intention" of taking that option and handed down her decision after considering the matter over the court's lunch break.
The man's barrister, Andrew Hoare, had said the court should continue its interim non-publication order as his client had been diagnosed with mental health conditions that caused ideas of self-harm.
"There is a real existing risk of harm which will be amplified by the publication of (the man's identity)," Mr Hoare said.
Robert Anderson KC, the barrister representing several media outlets including the Nine Network, News Corp and the Guardian Australia, said the high-profile man was seeking "extraordinary" secrecy via an amended law that was meant to protect alleged victims.
Mr Anderson said there was also a contradiction between the high-profile man's prior public statements about his mental health and the claims he was making via a psychologist's report.
"He has voluntarily subjected himself to the activity that his psychologist said was the stressor," Mr Anderson said.
Crown prosecutor Nicole Friedewald said the woman who had filed a criminal complaint wanted the man named by media outlets.
"I'd highlight that (she) has taken an active position in this matter and instructed my office that she does wish for the (man) to be named, it's not the case that she has taken a neutral position or opposed it," Ms Friedewald said.
Ms Kelly found that the man's decision not to seek ongoing mental health care or medication combined with his decision to make statements was evidence that his safety would not be endangered by being identified. by media.
"In this context the public interest is aligned with the principle of public justice," Ms Kelly said in denying the man's application.
Mr Anderson did not oppose the temporary stay and Ms Friedewald said the magistrate had discretion to order it.
Mr Hoare declined to comment outside court.
Lifeline 13 11 14
beyondblue 1300 22 4636
