A Byron Bay man accused of choking and sexually assaulting a woman at a five-star hotel in a Sydney casino is set to make a bid for freedom, a court has heard.
Joel Nathan Fitzpatrick Burtt, 21, has been in custody on remand since being arrested in November last year.
He is accused of attacking a woman in a room at The Star Grand in Pyrmont in inner Sydney.
Mr Fitzpatrick Burtt has been in custody since he presented himself to a police station and was charged.
He is facing a string of serious charges including multiple counts of aggravated sexual assault, intentionally choking a person without consent and assault.
The matter was mentioned in Sydney’s Downing Centre’s Local Court on Thursday where the charges were scheduled to be certified.
However, the police prosecution asked for a three-week adjournment, which was opposed by Mr Fitzpatrick Burtt’s solicitor Daniel Wakim, citing significant delay.
Mr Fitzpatrick Burtt did not appear in court in person on Thursday, with Mr Wakim appearing on his behalf.
Magistrate Michael Barko questioned why the charges had not yet been certified so the matter could move through the courts.
“She called the police and said ‘this bloke raped me’, why is it so hard to certify?” Mr Barko said.
Mr Barko also said that the complainant had an interest in the case being heard as soon as possible, while Mr Fitzpatrick Burtt also enjoyed the presumption of innocence.
Mr Wakim told the court that his client would be making an application for bail in the Supreme Court in the near future.
Mr Fitzpatrick Burtt will next appear in court in May.
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