Drug trafficker charged with raping child, 7
A man, who is accused of raping his step daughter, will have his case heard without a jury.
Judge David Reid said the man was facing nine charges of a sexual nature against his step daughter who is now 13-years-old.
Some of the alleged offences date back to when she was seven but the child did not go to police until May last year.
The trial was scheduled to be heard in the current sitting of Hervey Bay District Court but will mostly likely be held at the next sitting due to a previous trial running longer than expected.
Judge Reid said he had approved the application to have the trial heard without a jury as the defence had fair reason to believe they may be prejudice on the defendant if they heard he had spent time in jail.
"I accept there is an unnecessary risk of prejudice happening if the matter was heard in front of a jury," he said.
'I say unnecessary because in my view the risk can almost entirely eliminated by making a no jury order."
He said that the defence would provide evidence that would outline the man had been spent time in custody.
His time spent in jail was for a range of charges including drug trafficking.