Lawyer Eugene O’Sullivan leaves the Brisbane Magistrates Court on Monday after describing the alleged rape as a “Jackass-type of thing”. Photo: Fairfax MediaTwo Brisbane men charged with raping a male friend with a beer bottle have parted ways with their lawyer days after he made comments about the case in court.
The pair, who cannot be named for legal reasons, are among four men aged between 19 and 21 charged with the rape at an Australia Day party in Kedron this year.
Police claim the victim, 19, had passed out drunk in a bedroom when the men filmed the beer bottle assault and posted it on social media.
In the Brisbane Magistrates Court on Monday, lawyer Eugene O’Sullivan said the “simulated rape” video was posted on Facebook, describing the incident as a “Jackass-type of thing”.
“There was no rape involved. No bottle went through this bloke’s anus,” he said.
In a previous hearing, Mr O’Sullivan also revealed two of the accused played for a feeder club of a professional sports team.
Fairfax Media understands the men and their families were unhappy with Mr O’Sullivan’s public comments about the case, which were made in the early stages of the court process when evidence did not need to be aired.
However, Mr O’Sullivan said the reason he no longer acted for two of the men was because of a “lawyer’s conflict”.
“Where you have acted for a number of parties in a matter, and one of them gives conflicting information you can’t then act for any of them because you know each of their stories,” he said.
“So you can’t use the other person’s story. It’s a conflict. You are conflicted out of the case.”
Three of the four accused are now represented by lawyer Adam Magill. The other is represented by Peter Shields.
Police will allege screen shots and the video itself were shared on Facebook in late January. The video was then allegedly sent by one of the men to the victim’s girlfriend. They will also allege that in August it was posted in a Facebook group chat with about 12 people, including the victim’s brother and the victim’s girlfriend.
The victim and his girlfriend then made a complaint to police.
Police evidence will also include a recorded phone conversation between the victim and one of the accused.
The four accused are out on bail until their next court date on November 30.
Their bail conditions include not contacting each other or the victim.
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