Lawyers for a boy charged over an alleged gang rape in an Adelaide car park have told a court that a new video has emerged that raises "serious questions about the lack of consent".
WARNING: Readers may find details in this story distressing.
The 17-year-old, who cannot be named for legal reasons, appeared in the Adelaide Youth Court on Monday to make his second application for bail after being charged with two counts of rape.
His first application was refused.
He is one of seven young men and boys charged with raping two women, aged 18 and 19, inside the stairwell of a car park on Solomon Street on December 6.
It is alleged some members of the group restrained the women during the alleged rape, while others watched.
'The videos provide a very different version of events'
Representing the boy, Scott Laidlaw told Youth Court Magistrate Oliver Koehn that new material had emerged since his client made his first failed bail application.
"There has come to light a video, or sequence of videos, that captures parts of this alleged offending," Mr Laidlaw said.
"The videos provide a very different version of events. They are not, in my respectful submission, consistent with the facts as charged."
He said the "independent material" could provide a partial or full defence for his client.
"It provides some serious questions about the lack of consent," he told the court.
"Obviously, consent is a tricky and live issue."
Mr Laidlaw said one of the allegations was that the women were restrained during the alleged incident, which was not evident in the video.
"This is a significant departure from the version that is proffered on the prosecution case," he said.
He said his client had no criminal history and should be released on bail to live with his mother and brother.
Police flag bail review
The court heard some police had viewed the video, but the Police Prosecution Section had not received a copy.
The police prosecutor told Magistrate Koehn the charges remained serious, and the investigation was ongoing.
Magistrate Koehn asked her to elaborate more on the new video, and what investigators had done in respect to it, but she responded she did not have much information.
"I only understand that the video doesn't capture the entirety of it," she said.
But Magistrate Koehn said that was not "particularly helpful" and told her the response was "unsatisfactory" before granting bail.
"There's been some video material [and] the prosecution has been given an opportunity to respond to that — their response has been very equivocal," he said.
He placed the boy on a curfew and ordered he not communicate with the alleged victims or his co-accused.
But the prosecutor flagged her office might seek a review of the bail decision in the Supreme Court.
