Despite the recent modifications to legislation allowing the unveiling of accused rapists’ identities in Queensland, the anonymity of a notable male individual charged with two counts of rape is preserved. Last Friday, an interim non-publication order was issued, enabling the individual to remain unnamed legally until his primary application can be considered in a magistrate’s court.
Earlier this year, the man was charged with two counts of rape pertaining to an incident alleged to have occurred in Toowoomba in 2021. To date, the accused has refrained from submitting a plea. Following the alteration of laws by the Queensland government, it is now permissible to expose the names of those charged with rape or defined sexual offences before their commitment to trial. However, an interim suppression order was quickly put into effect the previous week, restricting the media’s ability to disclose his identity.
The legislation protecting anonymity in such cases was laid to rest on October 3, 2023. In a verdict published last Friday, Queensland Supreme Court Justice Peter Applegarth conveyed the man’s intention to file for an order of suppression under the freshly implemented laws at the earliest feasible opportunity.
According to Justice Applegarth, the proceedings already attracted considerable publicity, creating a “substantial risk” of the prominent man’s identity prematurely surfacing. The case resumed in the Toowoomba Magistrates Court on Thursday. During the session, the man’s attorney, Rowan King, referenced awaiting further medical documents to bolster his primary non-publication application. Magistrate Kay Philipson has upheld the interim suppression order.
An extensive amount of phone data contenting “thousands” of pages was reportedly examined by the prosecutors, with another 800 pages of phone records pending review, as revealed by the crown prosecutor Nicole Friedewald.
The change in legislation was recommended prominently by the Women’s Safety and Justice Taskforce, aiming for uniformity with laws in other Australian states and territories. Until recently, Queensland, along with the Northern Territory, was the only region providing such a safeguard.
The recent alteration amends the Criminal Law (Sexual Offences) Act 1978 to abolish the protection preventing the identification of individuals charged with rape or similar offences. This removes any prior distinction in treatment based on the nature of the offence. The identity of the accused can now be disclosed, with exceptions maintained solely to prevent the identification or suggested identification of the complainant.
