Strike Force Duncansby: 56-year-old Tamworth man on historical sexual assault charges refused bail in Tamworth court

The 56-year-old Tamworth man’s identity has been suppressed by order of the court but he appeared via video link from prison in Tamworth Local Court.

This week he made a fresh bid for bail as detectives continue to compile a brief of evidence into the charges which relate to offences allegedly committed in the North West against three complainants – all children at the time of the alleged offending, but two are unrelated to the third incident.

It was the accused’s second bail application in the local court meaning he had to pass two hurdles under the state bail laws.

“The new material is a letter of support from my client's partner,” Solicitor Garry Johnston said, adding an “offer of a significant surety”.

“There is also the matter of an address that is a very long way from Tamworth, that wasn't available on the last occasion.”

Mr Johnston said the “difficulty with these cases” and “gaining instructions” is that the brief could not be sent into a prison for security reasons. 

He said he had already spent five hours conferencing his client on video link and to collect final instructions “on what is a considerable brief … take months”.

He said his client could spend 18-months-to-two-years in custody waiting for a trial date in Tamworth.

The court heard the man had worked in the same occupation for 30 years but had to return to work by the end of the month or the job was gone.

“His job will cease … his wages will cease, his job will no longer exist,” Mr Johnston said, adding his family had already put the house on the market, “desperately attempting to sell it”.

Mr Johnston submitted the case on two complainants was “weak” and in respect of the third alleged victim, a phone call had an “admission that can be taken in two ways” and could be a “misunderstanding”.

A bundle of papers was tendered and the court heard the man had no criminal history.

DPP solicitor Jai Silkman said it was an “extremely strong prosecution case” on one set of charges relating to the accused.

“He essentially completely admits to it,” he told the court, adding the delays waiting for trial were “very unfortunate”.

“It’s not an out of the ordinary delay.

“They’re serious matters … they’re serious charges.

“It would be my submission, that cause hasn't been shown."

Magistrate Julie Soars allowed the fresh application after a change in circumstances but said the accused failed to show cause why his detention was not justified 

“I take it from the police facts that there were admissions made,” Ms Soars told the court, examining the papers.

Ms Soars noted the accused’s “home is on the line” and “job is at risk if he is not released into the community”.

While she noted the presumption of innocence was paramount, it was a “strong case” and “if he is found guilty … [it’s] likely he will face a lengthy custodial sentence”.

“The factors of delay, the financial hardship … it's not going to be sufficient,” she said.

"I find that show cause is not made out.”

Ms Soars said the accused had already spent four months in custody and the case needed to proceed, ordering it for committal for trial or sentence to the district court in April.

“Thank you very much your honour,” the accused said, with his head down after the bail decision.

Much of the detail surrounding the alleged offences cannot be reported for legal reasons.

The 56-year-old is yet to enter pleas to three charges of aggravated sexual assault of a person under the age of 16 and one count of aggravated indecent assault of a person under 16, with detectives alleging he sexually abused a young girl between 2011 and 2013. 

He also faces charges sexual assault category three knowing no consent given, carnal knowledge and commit act of indecency on female under 16 years.

He was arrested in Tamworth on November 23 by police from Strike Force Duncansby – an operation by Oxley detectives set up to investigate the historical allegations.