Despite protests from the prosecution, a prominent man accused of rape requested six months of data from his alleged victim’s mobile phone.
On Wednesday, Toowoomba Magistrates Court heard his case as the most recent in a series of committal references to assess whether there is sufficient evidence to move forward with a trial.
The well-known man is facing two counts of raping a woman in October 2021. He is out on bail and cannot be identified for legal reasons.
In order to accommodate the accused’s requests for a forensic medical report and a download of data from the complainant’s phone, prosecutors previously consented to a number of four-week adjournments.
The medical report had been given to the man’s defence, according to crown prosecutor Sarah Dreghorn, but they were still discussing how much of the mobile phone data would be given.
“The defence had asked for a complete download… Although the request has been narrowed, it is still fairly broad, according to Ms. Derghorn.
Rowan King, the man’s attorney, requested that Magistrate Clare Kelly issue a directive compelling the data’s disclosure or grant a further brief adjournment to allow for further discussion.
In the end, Mr. King said, “those communications seem quite important to the defense’s case.”
Mr. King had previously asked to see information from the complainant’s phone that had been extracted and examined by police using a forensic technology.
Ms. Dreghorn informed the court that there was a chance for her office and Mr. King to reach an understanding over the amount of released mobile phone data.
According to Ms. Dreghorn, “At this time, the request is for (data) six months prior to the event’s date; (The accused and the complainant) were not acquainted until the date of the incident.
It’s possible that Ms. Dreghorn’s office may reject those terms, she added.
“I know (crown prosecutor Nicole) Friedewald has already written to Mr. King asking for some explanation as to why those messages and communications would be required,” said Ms. Dreghorn.
Ms. Kelly set a new date for the hearing—August 9—and advised the parties that, if their differences still persisted after that date, they could apply for a directions hearing.
