Bail refused for man accused of raping his partner
A seasoned Supreme Court judge has admitted he felt "troubled" after hearing seven years of allegations relating to an horrific abuse case in NSW.
Acting Justice Peter Hidden denied the NSW man, aged in his 60s, bail earlier this week after hearing the prosecution case against him, which involves more than 70 charges.
Police allege the man, who lived in country NSW before he was arrested in September last year, spent seven years abusing his wife and four children known to him.
The man, who cannot be named for legal reasons, has also been charged with numerous acts of violence, refusal to provide necessities of life to a child and torturing and causing the deaths of animals considered as pets.
The sexual abuse charges are alleged to have occurred between 2011 and 2018, usually in the bathroom of the man's home while the children were showering.
The man is accused of sexually assaulting one boy when he was between the ages seven and eight years old.
The other boy alleges the man repeatedly sexually assaulted him while he was between the ages of four and five.
All offences allegedly occurred while the boys were in the shower, away from any other adults that might've realised what was going on.
On some occasions, the boys were showering together when they were allegedly sexually assaulted.
In relation to the girls, the prosecution alleges the man repeatedly entered the bathroom while the girls were showering to expose his penis, or to masturbate.
According to the children, there was a continuing pattern of behaviour from the man and it would happen almost every time they were showering.
One of the girls also alleges, while she was younger than 10, that the man would watch her while she was showering, tell her what to wear and at times instruct her to massage him while he was in underwear or completely naked.
The girls claim this alleged grooming behaviour would happen at least three times a week.
It's alleged the man threatened all four children and told at least one of them he would kill them if they spoke up.
The man is also charged with raping his wife on four different occasions.
Two are alleged to have occurred in 2012, another in 2016 and the last in 2018.
The wife alleges she was sexually assaulted for the first time just weeks after she delivered their son by caesarean.
Despite protesting, due to the pain she was still in from the major surgery, the man pushed ahead and sexually assaulted her.
The woman also alleges a rape in 2016 resulted in her becoming pregnant.
It's alleged when she told her husband, he became very violent towards her and "assaulted her regularly in an attempt to abort the child".
On the final alleged sexual assault in 2018, the wife attempted to fight him and kick him off.
Eventually, his strength prevailed and she was allegedly assaulted.
In her statement to police, the wife alleged her husband laughed after the rape and said, "Didn't win that fight".
The man, who lived on a farm with his wife, is also charged with torturing and causing the deaths of animals.
It's alleged the man shot a bull who his wife considered to be a pet, and killed a number of other farm animals.
"The killings as described in the statement of facts display sadistic or brutal behaviour and could not be explained as normal incidents of life on a farm," Acting Justice Hidden said.
The court heard the couple's relationship ended in November 2018 and the wife left the home with the help of NSW's Department of Communities and Justice.
The alleged offender does not know where his wife or any of the four children live.
Domestic violence services helped place the woman into a new home, without knowledge of the man.
In applying for bail, the man's lawyer argued there could be potential contamination of the evidence put before the court, alleging the children did not make complaints about the sexual offences until July 2020, more than a year after the family left the home.
The children were interviewed by police in early 2019 on the alleged acts of violence.
The man's legal team also claim there was "inconsistencies" in the evidence given by the children.
"However, as the prosecutor pointed out, inconsistencies of this kind between child witnesses in not uncommon in cases such has this, particularly where sexual offending is alleged to have occurred over a period of time," Acting Justice Hidden said.
The man's lawyer also issued a stunning claim that the allegations against him "came to light in the course of a bitter marital break up, in which his wife had motive and opportunity".
Despite questions arising on some of the 70 charges levelled at the man, Acting Justice Hidden found there was sufficient evidence to support the prosecutor's characterisation of the man as "controlling, manipulative and violent".
"Thus the conflict between the opposing cases is stark: either the man subjected his wife and the children to a sustained reign of terror and abuse, or he is the victim of a monstrous fabrication orchestrated by his estranged wife, for which she procured the complicity of the children," Acting Justice Hidden said.
"The most I can say at this stage is that there is an adequate case of the former."
The court heard the man's legal team was preparing statements from his first wife and his adult children that will attest to him never showing this type of behaviour in the past.
In arguing for his bail, the court heard the man had strong community ties, was a regular churchgoer and was likely looking at almost two years in custody while waiting for his case to get to trail.
The man's legal team also agreed he would not look for, and did not know the whereabouts of his wife or the children.
Despite that, Acting Justice Hidden admitted the case had "troubled" him and said the offences were "serious" and "grave".
The man was refused bail but Acting Justice Hidden said if new evidence came to light, or if the man's trial was delayed further, there could be the potential for an appeal.
Police spent more than three months investigating the allegations after they were informed of them in July 2020.
News.com.au understands the man and his wife were involved in the agricultural industry and the court case has left the community on the mid-north coast of NSW reeling.
Originally published as Horrific comment after alleged wife rape