A Chief Magistrate has criticised NSW Police's "code of silence" surrounding a case in which two officers were charged over the attempted rape of a schoolgirl in Sydney's south-west.
Senior Constables Angelo Dellosa, 30, and James Delinicolis, 29 remain on bail after being charged with the aggravated sexual assault of a 17-year-old at The Ramada Hotel in Cabramatta in March.
Police allege Mr Dellosa encouraged his friend and co-worker to carry out the sexual assault after meeting her at a train station while on duty.
The Bankstown police officers, who are both married with young children, are also charged with producing child abuse material, accused of filming the alleged incident on their mobile phones.
Appearing at Sydney's Downing Centre court complex today, Mr Dellosa was dressed in a black suit and tie, but covered his face with a mask and dark sunglasses as he made his way past reporters and camera crews.
His co-accused, Mr Delinicolis, was required to attend the hearing, but failed to show up.
His lawyer took the blame, saying "it was my mistake I didn't know he had to be here".
Chief Magistrate Graeme Henson expressed his frustration at the Director of Public Prosecutions after requesting the case be delayed for at least three months.
"You sound like a cracked record … what a farce, it really is," he said.
The Crown Prosecutor explained she only received a 2,000-page brief of evidence and transcripts from NSW Police yesterday.
"You turned up to court with a code of silence — there is no explanation required other than further inquiries are taking place," the Chief Magistrate said.
The court heard investigators were still searching for WhatsApp videos of the alleged incident more than six months after it happened.
The pair were arrested at their homes at Moorebank and Concord West in August despite reports of misconduct being submitted to the Professional Standards Command in June.
After the hearing adjourned today, Mr Dellosa spent several hours waiting inside the Downing Centre before pushing his way through a media scrum, saying "I am innocent".
His wife was waiting for her husband in a white four-wheel drive on Elizabeth Street before the pair drove off.
The case returns to court on November 12.
