A high profile Rockhampton businessman who has been accused of raping a woman four times says they are “vexatious complaints”.
The defendant, who cannot legally be named, had his bail application heard by Magistrate Cameron Press on June 7.
Defence lawyer Samantha Legrady said the rape allegations, which were contested, were “historical” being two to three years old and involved three of the four allegedly occurring when the complainant was asleep.
Police prosecutor Courtney Brown said the fourth allegation involved consensual sex where consent was revoked.
Ms Legrady said the defendant had been in a relationship with the complainant at the time of the alleged rapes and instructed the complainant did not take any medications for sleep, but did for anxiety.
“On instructions provided, these are vexatious complaints,” she said.
“(The defendant) is nearly 100 kilos.”
Ms Legrady said the defendant, 35, claims if the complainant had been raped while sleeping, “surely she would wake up” due to his weight being on her, “especially the allegations that he actually finished”.
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The defendant was also charged with one count of breaching a domestic violence order.
Ms Legrady said the defendant was accused of giving a copy of his civil court paperwork, involving the rape complaint, to the complaint’s former partner who allegedly abused her.
Ms Brown said the complainant’s former partner had not known where the complainant was living and she had to relocate out of fear.
Mr Press said the defendant, who had been on bail for other charges, had been subject to wearing a GPS tracking ankle monitor and had not breached that order.
He granted the defendant bail with extra conditions and ordered briefs of evidence for the rape charges.
The defendant’s latest charges were adjourned until August 9.
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