Prosecutors in the case of a high-profile man accused of rape will decide within a week how much data from the alleged victim’s mobile phone can be disclosed to the defence.
The crown had sought an explanation from the defence about its request for a data download and has now been provided with an answer.
The man, who cannot be named, faces two counts of rape in Toowoomba in October 2021.
The case was mentioned on Wednesday in Toowoomba magistrates court where the crown prosecutor, Sarah Dreghorn, told the court that the crown had asked the defence why the victim’s mobile phone was “discloseable”.
Dreghorn said the defence had responded to this request last week and the matter is now being considered further by the crown.
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“We should have a response to the defence within a week,” she told the court.
The man’s lawyer, Rowan King, had previously sought to access six months of data from the alleged victim’s mobile phone.
The man, who is on bail, was not required to attend court on Wednesday and his lawyer also appeared by phone.
It is the latest in a string of committal mentions and adjournments of the case in Toowoomba, west of Brisbane.
The crown had previously sought an explanation for why six months of phone data was required, noting that the accused and the complainant did not know each other until the date of the alleged offence.
Under Queensland law, a person charged with sex offences cannot be named until they are committed to stand trial however the state government has foreshadowed changes to the legislation this year.
Magistrate Louise Shepherd adjourned the matter until 23 August for further mention and the defence was granted leave to appear by phone again.
First reported at: https://www.theguardian.com/australia-news