An accused rapist who claimed to prison authorities that he had COVID-19 has cited the deadly pandemic as the reason he should be granted bail.
Harley Palise, 28, has pleaded not guilty to two charges of raping a woman after giving her a lift home with a friend from Melbourne's Lygon Street in June 2018.
He's been in custody since he handed himself in to police in 2018, and on Wednesday applied to the County Court to be released on bail due to the "exceptional circumstances" brought about by coronavirus, which has caused Victoria's justice system to grind to a halt.
If Mr Palise was granted bail, he would not have to report to a police station under a directive issued by Victoria Police that will be in effect from Friday, and which is in support of social distancing measures.
But the accused man's application was opposed by the Crown, at pains to point out the "powerful prosecution case" against him.
Nurse given an 'unbelievable account' of illness
The court heard that on March 13, the day the jury was due to be empanelled in his case, Mr Palise refused to get in a prison van that would have taken him to court because he claimed to have become infected with coronavirus.
The court heard he gave a prison nurse an "unbelievable account".
As a result, the jury empanelment did not go ahead that day.
The next day, Victoria's County and Supreme Courts announced that new jury trials would be suspended from the following Monday.
It sparked the following exchange between Judge Kevin Doyle and Mr Palise's barrister, Malcolm Thomas:
Judge Doyle: "If I accept that he wasn't really crook and he just didn't want to come … then he's caused a problem because he could've got a jury."
Mr Thomas: "It can't be suggested … that Mr Palise knew what was going to happen."
Mr Thomas urged Judge Doyle to consider the delays that were currently plaguing Victoria's courts.
"It's accepted that for someone who is just being remanded now, it's less of a factor," Mr Thomas said.
"But for someone who's already served all the time up to having a trial, it's an enormous factor," he said.
"All it takes is one case [of coronavirus] to get into the [prison] system.
"Cruise ships are similar to prisons."
Judge Doyle acknowledged there could be significant hold up to the trial.
"The courts have effectively said no trials this year," the judge said.
"Three years is a long time [to be held without trial]."
'I'll probably be sick'
At Wednesday's bail hearing, the court heard Mr Palise was captured on prison phone calls the day before he was due to appear, telling his girlfriend he was not going to court.
"I will probably be sick. I'm sick. I'll go see the doctor. Nothing's going to happen," he said.
He was also heard referring to his alleged victim as a "bitch, slut, c***" and proclaiming his innocence.
If Mr Palise was released into the community on bail, his defence team revealed he would live with his parents at their Heidelberg Heights address.
The court heard they would put up a surety to the value of a house deposit, and would be willing to report their son if he did not meet his bail conditions.
But Victoria Police has questioned the sincerity of that undertaking.
Detective Senior Constable Matthew Evans told the court that following Mr Palise's last court appearance, the accused's father, Mick Westwood, called the officer a "f***ing dog rat c***".
"There's no way known they would tell the court if he's not adhering to his bail conditions," he said.
Appearing at the court hearing on Wednesday, Mr Westwood denied this.
"No, I didn't say them words, but I did say other words your honour," he said.
He told the court that if his son breached bail, he would report him.
"If Harley was getting into trouble, he'd definitely be reported on," Mr Westwood said.
Judge Doyle will hand down his decision on Friday.
