The man, who has not been required to appear in court and remains on bail, faces two counts of raping a woman at Toowoomba, west of Brisbane, in October 2021.

Toowoomba Magistrate Clare Kelly ruled on Friday that the man had not justified an exemption to changes to Queensland’s laws this month that allowed naming people charged with sexual offences who have yet to be committed to face trial.

Ms Kelly denied the man an ongoing non-publication order and set an interim order blocking the publishing of his name to expire at 4pm on Tuesday unless the matter was taken to another court.

The man’s barrister, Andrew Hoare, appeared before Brisbane Supreme Court on Tuesday to seek a judicial review of Ms Kelly’s decision that his client’s safety or mental health would not be further at risk by media outlets publishing his name.

“There was an error of law in not finding a risk of substantial harm to any person,” Mr Hoare said.

Mr Hoare also said Ms Kelly had made an error by finding the man had contributed to his risk of harm by making public statements about his mental health.

Justice Peter Applegarth warned Mr Hoare that it seemed like he was claiming there had been errors of fact and not errors of law, and as such his application might not be suitable for judicial review.

John-Paul Cashen, the barrister for several media outlets, and Queensland police prosecutor Mark O’Brien opposed the application for a review.

Justice Applegarth asked why the matter should not be heard promptly and why the accused man could not have hired another of Brisbane’s 1200 barristers to ensure the application was ready on Tuesday.

Mr Hoare said preparing for a committal in a Rockhampton case had impacted his preparation for Tuesday’s application.

“The arrangements I have with (the man) as to fees to be paid make it difficult to get counsel at short notice,” Mr Hoare said.

Justice Applegarth adjourned the matter for two hours so all parties could be provided with a rushed transcript of Ms Kelly’s reasons for her decision but no such material could be obtained on Tuesday.

Mr O’Brien said he would try to obtain a transcript by Wednesday and Justice Applegarth said he would make his own efforts as well as a backup.

Barrister Mark Plunkett, who acted for the man after adjournment when Mr Hoare left for Rockhampton, proposed that his legal team file an application for a review by Thursday with a hearing on the application in late October.

“Parties want this dealt with urgently but that should not interfere with the proper administration of justice,” Mr Plunkett said.

Justice Applegarth adjourned the matter to October 26 and temporarily suspended Ms Kelly’s order to allow publication of the accused man’s name until a judgment was made on whether or not to grant a judicial review.

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