'Acting like predators': Coburg rape accused denied bail
One of two men accused of raping a woman who needed a safe lift home has been refused bail because a magistrate couldn't be certain the public would be safe if the alleged offender was released.
Jarrod Vincent Thomas and Harley Jarthur Palise were driving home from a night out when they found the woman in Lygon Street and offered her a ride home.
They are accused of deviating into a Coburg street and raping her in the back of their car, and then dumping her outside her front door.
Police say the men found the woman lying on the footpath outside a 7-Eleven store in a semi-conscious state in the early hours of June 17 after she went to a club the previous night, and she had to be helped to the men's car.
Police also say the 33-year-old was in no state to give informed consent, has no memory of the incident and was left with her skirt around her waist and had her $16,000 engagement ring stolen.
Mr Thomas last week applied for bail when his lawyer told Melbourne Magistrates Court the 23-year-old apprentice was compassionate and polite, had never been in trouble with the law and had strong support from family and friends, which included a surety offer of $250,000 from an aunt and 25 written references from supporters.
But magistrate Andrew Capell on Wednesday refused bail, saying there was no compelling reason why the accused man should be released. Instead, he said, there was an unacceptable risk Mr Thomas would offend if granted bail, and that the public's safety couldn't be guaranteed.
Mr Capell said the case against Mr Thomas and Mr Palise was a strong one, with DNA evidence that suggested sexual activity took place and the allegation the two men took advantage of a vulnerable stranger.
"In other words, acting like predators on a weak, unsuspecting and vulnerable complainant," he said.
Mr Capell dismissed prosecution concerns that Mr Thomas was a flight risk and might have interfered with witnesses if granted bail, but said he was most concerned with the seriousness and "sheer randomness" of the alleged offending. The allegations were at the high end and Mr Thomas would face a substantial jail term if found guilty.
The magistrate also took into account the woman's opposition to bail given the accused men knew where she lived.
"One can perhaps understand her concern for her wellbeing," he said.
Mr Thomas, who appeared clean shaven in court and wearing a black suit and blue shirt, faces seven charges including three of rape and one of theft, related to the missing engagement ring.
Mr Palise, 26, is charged with six offences including two counts of rape. The older man has not made any bid for bail since their arrests.
Both men are due to return to court on October 19.
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