No bail for man in ‘ bizarre’ rape claim

A TOWNSVILLE man has been refused bail after the “bizarre” alleged rape of his expartner.

Prosecutor Colleen Wainwright told Townsville Magistrates Court that the alleged rape, on March 6, was one of the most unusual cases she had seen.

“The unusual aspect of it is that the intercourse has commenced, clearly by consent. When you read those facts, she then withdraws her consent in the middle of having intercourse, which she’s entitled to do,” she said.

“It’s not what I think of as classic rape.”

The man, who can’t be named for legal reasons, was on bail at the time for allegedly trafficking drugs.

Ms Wainwright said the man had made full admissions about the alleged rape to police.

Defence solicitor Phil Rennick made an application for bail, saying the man had no similar criminal history and the alleged offence was “out of character”.

He said since the alleged rape, the man and woman had been communicating and “rekindled their friendship”.

“My instructions are that the complainant would want to withdraw this complaint,” he said.

“At the time she made the complaint she was cranky and angry ... they were breaking up.”

Mr Rennick said he had 30 years’ experience in criminal matters and found it was a “bizarre set of circumstances”.

Magistrate Howard Osborne said court documents stated that police were concerned the man was at risk of harming himself.

Mr Rennick said the man’s suicide attempts had not been genuine.

“They were serious enough for him to be motivated enough to tell the police about them,” Mr Osborne said.

He said the statements to police couldn’t be written off as idle chitchat.

“I’m going to refuse the application for bail at the moment until I get some clearance as to where you are in your state of mind,” he said.

The man is due back in court on May 22.