A media application seeking to name a high-profile man charged with raping a young woman in Toowoomba in 2021 has been adjourned by a magistrate who deemed the bid “premature”.
Queensland media law prevents identifying people accused of serious sex offences until they are committed to stand trial, legislation that magistrate Kay Philipson on Wednesday described as very specific.
Philipson told the media companies’ barrister Jessica Goldie that she could prosecute her argument “when and if this matter ultimately gets to committal”.
“I’m extremely concerned that … this is just a mention,” Philipson said prior to a committal callover for the case on Wednesday morning.
“The matter hasn’t even been set down for committal. There may be a number of other steps before we even get that far.
“I have concerns that, not only are we talking about publication prematurely of a defendant’s identity, but that this application is premature. I don’t consider that under the legislation you’ve got the ability to bring such an application yet.”
Media companies involved in the application included News Corp subsidiaries, Nine, Network 10 and the ABC.
Andrew Hoare, the barrister representing the defendant, said there was “no ambiguity” in the legislation preventing his client from being identified at this early stage of the case.
Crown prosecutor Nicole Friedewald agreed with the magistrate’s decision not to name the defendant.
The man, who is charged with two counts of rape, did not appear in court on Wednesday, when police handed over their brief of evidence to the magistrate.
The matter was adjourned until 5 April. He has been granted leave to appear by phone at that time.
In January the man was granted bail on conditions which included him surrendering his passport and having no contact with the alleged victim.
