January 24, 2024
The hearing of rape charges against Moffatdale businessman Joe Prendergast has been delayed again after Murgon Magistrates Court was told on Wednesday his defence team had not received some key evidence from police.
Prendergast faces 16 charges: 11 counts of rape as well as two charges of sexual assault, two charges of indecent treatment of children under the age of 16, and one charge of attempted indecent treatment of a child under 16 (procure to commit).
The matters had been listed for committal on Wednesday’s court list but now have been adjourned to February 7.
Magistrate Andrew Sinclair was told the defence was seeking an adjournment to receive extra information from the prosecution.
As well, some of the material which had already been received was missing or “corrupted”.
This included a video of an interview with a child complainant.
The defence was also seeking Snapchat videos allegedly taken by the complainant as well as two witness statements, including by the mother of the complainant.
Police Prosecutor Senior Constable Sophie Stewart said the arresting officer was on leave and would return on February 14.
Magistrate Sinclair said he had ordered 219 days ago that a full brief of evidence be supplied to the defence by July 24.
“So I don’t know why I’m still here seven months later and all the material hasn’t be provided,” he said.
After a brief adjournment, Police Prosecutor Sergeant Barry Stevens told the court he had received a four-page submission from the defence on January 19 seeking the missing material as well as further items.
He mentioned two witness statements, one of which alleged “evidence of consumption of alcohol and unclothed dancing”.
Magistrate Sinclair ordered another brief adjournment so the defence and prosecution could confer about which witness statements had been received by the defence and which were missing.
A short time later, Senior Constable Stewart returned to the bar table and explained the issues regarding two outstanding witness statements.
In the first, the witness did not live in the area, and the arresting officer was having difficulty getting his statement signed; and the second had not been completed “due to competing priorities of the arresting officer”.
Snr Const Stewart said the further material sought by the defence on January 19 was another 17 items for disclosure “which would take the arresting officer some time to compile”.
These 17 items included notes and records held by the QPS, a list of the documents relied upon for search warrants, recordings made during searches, telephone records, transcripts and audio recordings of voluntary interviews, medical records, Snapchat communications, and a copy of a report made to CrimeStoppers on June 24, 2023.
Snr Const Stewart said these items had not yet been reviewed by the prosecution or the arresting officer, and sought an adjournment to late March or early April.
However, Magistrate Sinclair said it would be adjourned to February 7.
“Nobody is going to get any adjournments for any longer than the next court date,” he said.
“I am going to ride these matters until I get an answer … delay will not be tolerated.”
Magistrate Sinclair said if the arresting officer was not available, other police could look at the files.
In regards to the corrupted data on USBs given to the defence, Snr Constable Stewart said the problem could be caused by incompatible software or hardware.
Magistrate Sinclair directed the defence provide a list of the hardware and software used to access any recordings not playable by them, and return the media to the court on February 7 where it would be played by the court.
He also ordered police provide a list on February 7 of the additional items which would be disclosed, and those that may have to go to a directions hearing if sought.
