February 7, 2024
Prosecution files sought by solicitors representing Moffatdale businessman Joe Prendergast have either been handed over, or are in the process of being prepared for handover, Murgon Magistrates Court was told on Wednesday morning.
The additional material sought by the defence team included documents as well as replacements for corrupted digital video files which the court was told in January could not be played.
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).
On January 24, Magistrate Andrew Sinclair ordered the defence provide a list of the hardware and software used to access any recordings not playable by them.
He also ordered the prosecuting police to provide a list of the additional items which would be disclosed, and those that may have to go to a directions hearing if sought.
On Wednesday, Police Prosecutor Sergeant Barry Stevens handed the magistrate an email from the arresting officer, who has been on leave, explaining what items had been handed over already to the defence and an expected timeframe for the rest.
“There’s nothing that’s been sought that’s not going to be provided?” Magistrate Sinclair asked.
He asked Sgt Stevens to confirm that some of the material had been provided, some would be provided and the material that could not be read was being reburnt.
After noting the arresting officer had estimated three to four weeks for all the items to be provided, Magistrate Sinclair adjourned the matter to March 13.
Prendergast’s bail was continued.
UPDATE March 13: The matter has been adjourned again to April 10 after further requests for information from the defence team.
