IN the hours after detectives investigating a break-in and violent sexual assault at North Lambton made a breakthrough, arresting a suspect at a home a few blocks from the crime scene, they made an "urgent" application to collect his DNA.
It was 2am on Saturday morning and detectives were concerned there was potential Jonah Somasundaram could "destroy" forensic evidence, Newcastle Local Court has heard.
So when he allegedly did not consent to providing a buccal swab, police made a call to the registry at Parramatta Local Court where an interim order for a forensic procedure was granted and potentially crucial DNA was collected from the 20-year-old.
But whether or not the accused rapist's DNA will be admissible evidence and able to be used by prosecutors in a trial will be the subject of a hearing on an application for a forensic procedure final order in Newcastle Local Court later this month.
Mr Somasundaram, who made a failed bid for bail in Newcastle Bail Court on Saturday, did not appear in court on Monday charged with four counts of aggravated sexual assault and threatening to inflict actual bodily harm, break and enter and commit indictable offence, armed robbery, sexual touching and reckless wounding.
He has not entered any pleas and the matters were adjourned until September 30. Police arrested Mr Somasundaram at a home in Faulkner Crescent, North Lambton, at 4pm on Friday afternoon, a little over 24 hours after he allegedly broke into the home of a 20-year-old woman in Turana Parade.
The 20-year-old woman was in her bedroom when it is alleged Mr Somasundaram came in and, armed with a knife, threatened, grabbed and sexually assaulted her.
The woman attempted to yell out and alert neighbours during the attack, police said.
Mr Somasundaram then allegedly fled on foot, while the woman sought help from neighbours, and the police were called, triggering a manhunt and the creation of Strike Force Oorin.
Police issued a public appeal on Friday and Newcastle City Police commander Detective Superintendent Wayne Humphrey labelled the break-in and rape an "aggravated and predatory" act.
Following his arrest, investigators searched Mr Somasundaram's home and seized a number of items relevant to the investigation.
They said Mr Somasundaram and the 20-year-old victim were not known to each other.
Mr Somasundaram's solicitor Martin Vasquez initially sought to hear the forensic procedure final order on Monday but later asked for an adjournment to prepare witnesses.
Magistrate Maiden agreed and said there was no rush to make a final order about the admissibility of the DNA evidence.
"You've got the evidence haven't you," Mr Maiden said to the police prosecutor. "The samples have been taken. Nothing can be used until I make a final order. Nothing can be lost that you have obtained."
