TEARS ran down the face of a recruit accused of raping a colleague at the Kapooka army base as his solicitor successfully applied for bail in Wagga Local Court.
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And at the back of the court, the man’s wife and mother of his two children also wept as she struggled to come to grips with what her 26-year-old husband had been accused of.
Alemeseged Dubael, wearing a plain grey suit and white shirt, appeared in court via videolink with the Wagga police station after being charged with sexual intercourse without consent.
Police allege that between 6.30pm and 7pm on Wednesday, Dubael forced a 20-year-old woman to the floor of a laundry at Kapooka and sexually assaulted her before leaving.
The woman reported the alleged incident and police arrested Dubael about 2.30am Thursday.
He was refused police bail pending Thursday’s court appearance just before 1pm.
In applying for Dubael’s release, solicitor David Barron said any short-term concerns about Dubael failing to appear in court or interfering with the alleged victim could be addressed by him being confined to barracks at Kapooka.
He said a platoon commander was in the courtroom who could take Dubael to Kapooka where he could be supervised around the clock.
Mr Barron asked for an adjournment until next Tuesday, May 31, at which time Dubael’s future in the Australian Defence Force would be clearer following an internal army investigation into the rape claim.
“We say strict bail conditions … would mitigate any risks,” Mr Barron said.
“It is a short adjournment because his future in the Australian Defence Force (ADF) needs to be evaluated, if he remains a recruit or not.”
He said if the ADF discharged Dubael then other bail conditions would need to be considered after Tuesday.
Dubael has not entered a plea to the charge.
Bail was opposed by the police prosecutor, who said there were concerns about Dubael appearing in court and about him endangering the alleged victim.
He said Dubael was from Victoria, which creates concerns about bringing him back to NSW if he fled the state.
The prosecutor said the charge against Dubael carried a maximum sentence of 14 years in jail, and if convicted a custodial sentence was likely.
He said identification was not an issue for the prosecution, and forensic evidence was being obtained.
The prosecutor also voiced some concerns about the army’s hold on Dubael while on bail.
“As I understand it, he would not be in the custody of the defence force but under their control to some extend,” the prosecutor said.
Magistrate Michael Crompton summed up the submissions of both sides before coming down on the side of granting Dubael bail.
“This indeed is a very serious offence that is alleged to have occurred,” Mr Crompton said.
“However, the applicant has no criminal history and in my view there are (bail) conditions that can be imposed that mitigate against the prosecution’s concerns.”
Mr Crompton ordered that Dubael reside at the army base, not have any contact with the alleged victim and report to the Wagga police station three times a week.
The court heard that military police could escort Dubael to the police station.
See earlier story here.