A bombshell twist has emerged in the court case against two Channel 7 identities facing a raft of abuse-related charges, after torture charges against one of the pair were dropped.
Family and supporters of the man and woman – who cannot be identified – gasped and audibly cried out in relief after Magistrate Stuart Shearer found there was no prima facie case for the man – who is facing two counts of torture among his raft of charges – to answer to.
One applauded as the charges were dismissed.
Both are still facing multiple counts of assault, which will return to the court next year.
They did not comment outside court as they were ushered away in a waiting car.
The pair – who appeared together on a prominent Channel 7 show – were charged in August 2023.
During a committal hearing on Monday, Magistrate Shearer questioned how statements provided by witnesses were admissible when the details appeared to be ‘entirely hearsay’.
One included text messages which were tendered without an accompanying statement from the witness.
Torture charges have been dropped against one of two Channel 7 stars facing a raft of abuse-related charges
The pair appeared on a prominent Channel 7 show and were charged in August last year
Police prosecutor Senior Constable Tom Wirawan said the evidence ‘may later become relevant’ but was stopped by Magistrate Shearer.
‘You may only tender evidence that is admissible,’ Magistrate Shearer said.
‘It’s entirely hearsay.’
He also questioned why witnesses were being kept in a domestic violence safe room adjacent to the court ‘prior to and after’ their cross-examination.
Constable Wirawan said some were uncomfortable about being in the presence of the defendants.
Magistrate Shearer responded: ‘I imagine the defendants are uncomfortable being in their presence as well.’
‘This is absurd. There’s this presumption of guilt floating around, rather than the opposite, which is the reality of the matter,’ he continued.
‘If you make an allegation against someone, you bear the onus of proof.’
The man is facing multiple counts of assault occasioning actual bodily harm, common assault and one count of observations or recordings in breach of privacy.
The woman is facing more than 40 charges – which include rape, common assault, assault occasioning actual bodily harm while armed, sexual assault, torture and assault occasioning actual bodily harm.
Police allege in court documents the alleged offences span over several locations in Queensland dating back several years.
Court proceedings remained closed for most of the day while the witnesses gave evidence.
When the hearing resumed in the afternoon, Magistrate Shearer asked about the particulars of the man’s torture charges – which he said were alleged to have spanned more than 18 years.
Constable Wirawan said he would not press for a prima facie for the charges – something the man’s defence barrister, Stephen Kissick noted was a ‘concession’.
‘I can’t commit someone without there being a prima facie case,’ Magistrate Shearer said.
‘Given the concession, there is no prima facie case for either of the charges of the torture, and each of those charges are dismissed.’
The pair’s committal hearing was adjourned to January 15, with an accompanying suppression order continued.
The woman was granted a non-publication order by magistrate Aaron Simpson after he found she was at risk of harming herself, should further media coverage identify her.
Queensland legislation previously prevented media outlets from identifying people charged with a ‘prescribed sexual offence’ – including rape, attempted rape, assault with intent to commit rape, and sexual assault.
Changes to the legislation in October last year softened restrictions on identifying people charged with the aforementioned offences.
Mr Simpson’s ruling on the woman’s identity was one of the first non-publication orders implemented after Queensland’s new sexual offence identification laws were introduced.
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