One of 11 men charged with the alleged drugging and gang rape of two 15-year-old girls at a park has been refused bail over deportation concerns.
One of 11 men charged with the alleged drugging and gang rape of two 15-year-old girls at a park has been refused bail over deportation concerns.

Gang rape accused refused bail and has no visa

ONE of 11 men charged over the alleged gang rape, sexual assaults and drugging of two girls, 15, at a Brisbane park in December is an unlawful non-citizen who has not had a visa since 2018.

The man, 20, was refused bail in the Supreme Court, after it was opposed by the Crown, partly because there was a significant risk he could flee if he was released.

The Supreme Court heard that if granted bail it was likely he would be taken into Immigration detention and he could ask to be immediately deported back to his country of origin, Sri Lanka.

The court heard the man, who was charged in January and is facing 40 charges, including 16 counts of rape, is co-accused with 10 others of the offences at Calamvale District Park on December 28.

Other charges include taking a child for immoral purposes, stupefying to commit an indictable offence, assault with intent to commit rape, making threats and indecent treatment of a child.

Luke Smoothy, for the Crown, told the court it was alleged the man was the primary offender for some offences in the violent, protracted gang rape of the two girls in December, last year.

One of the girls said the man threw a condom into a bush after he raped her and police later found a condom in that area that had his DNA on it, Mr Smoothy said.

His clothing, seized by police, also appeared to match clothing seen on CCTV footage, Mr Smoothy said.

Mr Smoothy said the offences occurred in the context of drugs and alcohol being consumed with friends and the offenders then taking advantage of the two girls.

"The offending was serious and protracted,'' Justice Frances Williams said.

One of the girls was allegedly threatened with her life.

The man, who has lived in Queensland since 2013 and completed high school here, contests the allegations and denies having had sexual intercourse with the girls.

Defence counsel Martin Longhurst said there was some evidence of communications between the man and one of the complainants between the alleged incidents and when complaints were made.

Australian Border Force confirmed the man had not held a visa since April, 2018, the court heard.

Previous visa applications had been refused and the man had also been unsuccessful in three appeals, with an application for a bridging visa in September, last year, was invalid.

Justice Frances Williams the man had no right to stay in Australia.

If released on bail he was likely to be taken back into custody and held in an Immigration detention centre or other facility.

As an unlawful non-citizen he could then ask to be deported and under the Migration Act that would have to happen as soon as possible.

Justice Williams said although the man had some links to the community, with a brother and sister here, he also was facing a significant jail term if convicted of the serious offences.

She found there was a real risk of him failing to appear to face the charges if granted bail, given the uncertainty of his ability to stay in Australia, and she refused the application.

*For 24-hour sexual violence support call the national hotline 1800RESPECT on 1800 737 732 or MensLine on 1800 600 636. 

Originally published as Park gang rape accused refused bail, has no visa

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