Delays to ‘unusual’ grandma rape case as DNA questioned
Emily Woods |
More than 40 years have passed since an elderly woman was allegedly raped in her home but a court case has stalled as the accused disputes evidence.
Michael Martin, 70, appeared in person at Melbourne Magistrates Court wearing a white T-shirt, navy blazer and jeans after being granted bail in January.
He was arrested earlier this year after DNA allegedly connected him to the rape of Jessie Grace Lauder in the early 1980s when she was aged in her 80s.
Ms Lauder died in 1993 and her grandson, Malcolm Lauder, who has previously spoken to media to plead for information on the case, attended court on her behalf on Thursday.
Martin has been charged with attempted aggravated rape, aggravated burglary, rape and common assault, and is yet enter a plea to any of the charges.
Police allege Martin assaulted the elderly woman and attempted to rape her when he was 26, at her Newport home, in 1981, and then returned in 1983 and raped her.
It will be further alleged that Martin grew up in a home across the road from Ms Lauder’s.
Detective Richard Kelly previously told the court Ms Lauder heard a loud bang at the back of her home in September 1981 and then saw a man, alleged to be Martin, standing with a knife at her bedroom door.
The accused man was wearing gloves, had a pair of underwear over his head and it’s alleged he told Ms Lauder to pay him $10 for sex before he tried to rape her, the detective said.
In the second alleged attack two years later, Det Kelly said Ms Lauder heard glass smashing before Martin threatened to kill her and said “don’t tell the police and papers like you did last time”.
DNA evidence was preserved by police forensics until advancements were made to testing, with a match found in 2022 allegedly linking the attacks to Martin.
The prosecution and defence on Thursday asked for the case to be delayed until October due to the limited availability of a key DNA expert witness.
Martin’s lawyer Manny Brennan said he planned to question the “fairly complicated” DNA evidence in the lower court at a committal hearing.
“DNA is a cornerstone to the crown case, the complainant is now deceased,” he told the court.
“This is an unusual case as Mr Martin has been identified based on familial DNA.”
Magistrate Leon Fluxman set down a one-day committal hearing on October 17 and granted defence’s application to cross-examine two witnesses.
He extended Martin’s bail and told him to return to court in person for his next appearance.
“Do you understand all of that?” the magistrate asked Martin.
“I do,” he replied.
Martin was released on bail on January 30 after a magistrate found he did not pose an unacceptable risk to the community.
She also rejected police concerns that Martin would interfere with Ms Lauder’s grandson and other witnesses.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
AAP
