Four of seven people linked to a Katoomba circus school and accused of sexual offences against young children have been granted bail.
Paul Cook, 52, made a successful bail application in Penrith Local Court last Friday. Three others – who cannot be named because they were under 18 at the time – were also released late last month.
Three others – Therese Ann Cook, 58, Yyani Cook-Williams, 30, and Clarissa Meredith, 23, were refused bail when they applied.
Barrister Bryan Wrench argued in Penrith Court that it was not a strong Crown case and that some of the allegations were “implausible”.
“This is going to be a very hotly contested matter,” he said. “It will either be one of the most serious cases of sexual assault or one of the greatest miscarriages of justice.”
The seven are accused of repeatedly raping and abusing three young boys.
The allegations include that one boy was lifted off the ground by his penis, that one had a needle poked into his eye and that one had part of his tongue bitten off.
Mr Wrench said there was “no medical evidence to corroborate” the claims.
There are allegations that some of the abuse was filmed and that some was conducted in public places, including an incident in the park at Mt Victoria one Anzac Day.
Mr Wrench played to the court a video made by Yyani Cook-Williams of two of the boys playing in the park that day, noting that there was at least one member of the public in the picture and several cars there.
Despite that, no witness had come forward to say he or she had seen the assault, Mr Wrench said.
He said Paul Cook had co-operated with police and had even alerted them to a hard drive which they had missed during their search of the Katoomba property he shared with his sister, Therese Ann Cook.
Magistrate Roger Clisdell said it was “uncontested” that when police were searching Paul Cook had voluntarily told them about material “that might have been incriminating”.
He concluded that the Crown case was not so strong that Cook should be refused bail.
Mr Clisdell granted him $100,000 bail on condition that he live at a Springwood property, that he doesn’t go near the alleged victims or their parents, that he doesn’t contact his co-accused and that he surrenders his passport.