National

Accused sex offender freed before retrial

By AAP Newswire

Mar 10, 2022

A statue of Themis, the Greek God of Justice (file image) — Accused child rapist Malcolm Orreal who had his convictions quashed has been released on bail. -AAP Image

An accused child sex offender has been released from custody while waiting for a second trial after his convictions were quashed in a successful High Court appeal.

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Malcolm Laurence Orreal was granted a new trial over claims he was convicted on prejudicial evidence that he and the victim both tested positive for herpes.

The High Court quashed Orreal's convictions in December, ordering he face a new trial.

His application for bail in the Brisbane District Court on Thursday was unopposed.

A jury convicted Orreal in March 2019 of three counts of indecent dealing with a child under 16 years and two counts of digital rape.

His alleged victim was 12 years old when she claimed Orreal sexually assaulted her. She lodged a police complaint the next day.

Orreal successfully challenged the conviction, arguing the admission of evidence about both Orreal and the complainant testing positive for the Herpes simplex virus type 1 (HSV-1) was "highly prejudicial".

The High Court found the HSV-1 evidence had no probative value and was inadmissible.

The case is listed for mention on March 17 and is yet to be listed for trial.

By AAP Newswire

Australian Associated Press