A Sydney corrective services officer accused of being involved in the gang rape of "an extremely drunk" woman on Anzac Day has been granted bail.
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Glenn Kenneth Robinson, who previously served in the Australian Defence Force, is charged with six counts of aggravated sexual assault in company.
The then 35-year-old and two other men allegedly repeatedly sexually assaulted the woman over several hours on Anzac Day at a home in Riverstone in Sydney's northwest after meeting at a Rouse Hill pub.
In the NSW Supreme Court on Tuesday, Justice Stephen Rothman granted Robinson bail, setting strict conditions amounting to house arrest.
Robinson, who appeared via audio visual link from jail, became noticeably upset when his barrister Joseph Correy outlined his "inhumane" custodial conditions involving being by himself in his cell 23 hours a day.
One of his referees described Robinson as being "a high value target for other inmates" given he previously was in a position of authority over them.
He was depressed, had lost 10 kilos and was at risk of self-harm.
The judge said on any assessment of the independent material, the complainant was "extremely drunk" at the time.
"There are provisions in the legislation that deal with consent in circumstances where an alleged victim is said to have been intoxicated," he said.
The Uber driver who took the group to the home described her as being "as drunk as he had in his experience ever seen" and she had sexually propositioned the men.
Mr Correy said Robinson told police the woman had communicated a "desire for sexual acts" immediately before while they were at the pub, in the Uber and throughout the incident.
In covertly recorded phone calls, his client said the woman "was inviting him to do certain things to her".
But the judge deemed the crown case to be "strong", referring to the material on her intoxication which would bring the issue of consent into play.
Robinson had significant ties to the community, many people had provided character references to the court and he could rely on good character at trial.
The judge also noted his custodial conditions were "significantly more onerous" than those of other inmates, due to his having been a prison officer.
The likely trial would not take place until the first half of 2022.
"What had concerned me the the most is the effect that any conditional liberty will have on the alleged victim," Justice Rothman said.
But this could be dealt with by the proposed bail conditions which amounted to house arrest.
They include residing at a Valley Heights address, reporting to police daily, not leaving the house except for limited set reasons including seeing a psychiatrist, and a ban on alcohol and drugs.
One or more persons have to agree to forfeit $100,000 if he doesn't abide by the conditions,.
His co-accused Joe Noamua Tauiliili, then 31, is in custody on remand, while Josateki Setuata, then 26, is on bail.
The case returns to Penrith Local Court on July 2.
Australian Associated Press
