Bundaberg accused rapist may not get fair trial: court

Zach Hogg BUN110814CRT2

A BUNDABERG man has successfully applied for a judge instead of a jury to hear his rape case.

Alan David John Madden convinced Bundaberg District Court judge Gary Long that a jury would be unfairly prejudiced against him as the alleged rapes took place after he was released from prison.

Mr Madden has been committed to stand trial in Bundaberg on two rape charges from October 2012.

The court heard after Mr Madden was released from prison he forced his partner to have sex with him.

The woman told the court she had repeatedly told him she did not want to sleep with him.

"Alan said 'Come on, I haven't had it for five weeks'. I said 'No'," the court heard.

"I had never seen that side of Alan, he was really rough and it was clear he was going to have sex with me whether I liked it or not. It wasn't just a matter of me being reluctant but doing it anyway, I didn't want to have sex with him and he did it anyway."

Mr Madden submitted to the court his criminal history would prejudice a jury against him.

Judge Long agreed Mr Madden was unlikely to receive a fair trial and granted him a judge-only trial.


Topics:  court judge jury rape

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